Pregnancy, Childbirth, or Related Medical Conditions Accommodations

Overview of Pregnant Workers Fairness Act (PWFA)

The PWFA requires an employer to provide “reasonable accommodations” (a change to the work environment or the ways things are normally done at work) for an applicant or employee’s “known limitations” related to pregnancy, childbirth, or related medical conditions, unless it would cause the employer an “undue hardship.” These terms are defined in the “What You Should Know about the Pregnant Workers Fairness Act” resource.

For example, a pregnant employee may ask for additional breaks to drink water and use the restroom, or an employee recovering from childbirth may request assistance with lifting, or an employee experiencing postpartum depression may need time off to attend therapy appointments.

Understand who the law protects. The law protects an applicant or employee with a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions (for short, a limitation). For example, this law can cover a pregnant employee who experiences morning sickness, seeks to avoid exposure to hazardous chemicals, needs to sit while doing their job, or needs time off because of a miscarriage. After childbirth, for example, it can include an employee who needs leave for recovery from childbirth, seeks time to attend postpartum health care appointments, or seeks a time and place to pump breast milk at work.

Recognize requests for an accommodation(s) under the PWFA. An applicant or employee may indicate that they need an adjustment or change in the application process or at work for a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. The request does not have to be in writing, on a particular form, or include special words such as “reasonable accommodation,” “Pregnant Workers Fairness Act,” or “limitation.” For example, an employee who tells her team leader that she is worried about continuing to carry heavy bags because she is concerned it will harm her pregnancy has requested a PWFA reasonable accommodation.

Consider the request. An automatic refusal of an accommodation request or an inflexible policy that doesn't allow for exceptions may be a violation of the law.

• Review each request individually. There is no one-size-fits-all accommodation. Accommodations may differ based on the employee’s physical or mental condition, job duties, the work environment, the length of time the accommodation is needed, as well as other factors.
• Discuss the request with the applicant or employee to help you determine what type(s) of accommodations might be effective for the individual and would not be an undue hardship for your business. “Undue hardship” means significant difficulty or expense. For example, if an employee has a lifting restriction due to pregnancy, the discussion with the employee may concern how the condition may impact the employee’s ability to perform the duties of the job, such as how many pounds the employee may be able to lift and how long the restriction is expected to last. Speak with the employee about potential accommodations.
• Only if it is reasonable under the circumstances, you may seek reasonable supporting documentation from a health care provider. But remember, you are never required to seek supporting documentation, and, in many instances, it will not be needed.
• Consider alternative accommodations. If it is not possible to provide the requested accommodation, find out whether other accommodations would meet the applicant’s or employee’s needs and not cause an undue hardship for your business.
• When considering alternative accommodations, keep in mind that:
  • Under the PWFA an employee may be entitled to the temporary suspension of certain job duties as a reasonable accommodation, absent undue hardship.
  • Employees should not be required to accept an accommodation that has not been discussed with them.
  • Leave should not be used as a reasonable accommodation unless it is the accommodation sought or requested by the employee or there is no other reasonable accommodation that does not create an undue hardship.
• Consider additional requests. An employee may need another accommodation or a different accommodation later due to changes in job responsibilities or environment, changes in the physical or mental condition, or changes in medical treatment. 
• Provide an effective accommodation, unless doing so would cause significant difficulty or expense.
• Don't be quick to assume that you can't provide an accommodation. Many accommodations are not costly, may even be free, and can be easy to provide.
• Ask for help, if needed. If you and the applicant or employee are having difficulty finding the right accommodation, the U.S. Department of Labor's Job Accommodation Network (JAN) may be able to help. JAN provides free, confidential accommodation assistance.
• For more information, visit https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act