The Pregnant Workers Fairness Act (PWFA) can potentially apply even if the employee making the accommodation request is not pregnant. According to the recent Equal Employment Opportunity Commission (EEOC) guidelines, employees who are not pregnant might still have rights under the PWFA, depending on the circumstances. Despite ongoing legal challenges to these guidelines, it’s crucial to understand the EEOC’s interpretation of compliance and potential violations of the PWFA.
The PWFA requires covered employers to provide “reasonable accommodations” to qualified employees or applicants with known limitations related to pregnancy, childbirth, or related medical conditions, unless such accommodations create undue hardship for the employer. This Act supplements existing laws prohibiting discrimination based on pregnancy or related conditions, such as Title VII, the ADA, and state and local regulations.
Under the PWFA, employers are prohibited from:
– Failing to provide reasonable accommodations
– Requiring an employee to accept an accommodation
– Denying equal employment opportunities
– Mandating leave when other accommodations are feasible
– Taking adverse action against a worker for seeking or using a reasonable accommodation.
Examples of potential reasonable accommodations under the PWFA include additional breaks, flexible schedules, changes to food or drink policies, telework options, light-duty assignments, or leave.
The PWFA became effective on June 27, 2023. The EEOC issued its final interpretive guidance on April 19, 2024, clarifying that the law’s scope extends to a wide range of medical conditions related to pregnancy, including infertility, menstruation, anemia, and more. This includes situations where an employee who is not pregnant requests accommodations for conditions such as fertility treatments or IVF side effects.
Employers should recognize that accommodation requests linked to pregnancy or potential pregnancy may trigger PWFA obligations. For businesses with 15 or more employees, compliance with the PWFA is mandatory, and seeking legal advice to understand obligations and rights under this law and others governing workplace policies is advisable.
