Pregnancy Accommodations at Work
The Pregnant Workers Fairness Act (PWFA) addresses workplace accommodations connected with pregnancy, childbirth, or related medical conditions. An accommodation can be a change in the work environment or in the way things are usually done at work.
The Regulation and Who It Covers
The EEOC issued its final PWFA rule on April 15, 2024, and it was published in the Federal Register on April 19, 2024. The regulation took effect June 18, 2024, according to the agency’s summary of the final rule.
The EEOC’s explanation says the law applies to private employers and state and local government employers with 15 or more employees. It also applies to Congress, federal agencies, employment agencies, and labor organizations. The accommodation duty includes qualified employees and qualified job applicants.
A Limitation Is Not Necessarily a Disability
A limitation under the PWFA can be a physical or mental condition. The regulation’s definition includes a condition related to pregnancy, affected by pregnancy, or arising out of pregnancy, as well as childbirth or related medical conditions. The condition must be that of the employee or applicant themselves.
The condition does not have to meet the Americans with Disabilities Act (ADA) definition of disability.
A “known limitation” is one that the employee or the employee’s representative has communicated to the covered entity.
Examples of Workplace Changes
The EEOC’s explanation of the PWFA lists several possible changes to everyday workplace arrangements:
- Breaks: additional breaks, longer breaks, or greater flexibility in break arrangements to drink water, eat, rest, or use the restroom.
- Food and drink policies: changes that allow a worker to have a water bottle or food at work.
- Equipment and workstations: adjustments to equipment, devices, or the workstation, such as providing a stool for sitting or a way to work while standing.
- Clothing and protective equipment: changes to a uniform or dress code, or the provision of safety equipment that fits.
Changing Needs After Childbirth
The EEOC says a worker may need different accommodations at different times during pregnancy or after childbirth. The examples above are not an exhaustive list; the agency says many other reasonable accommodations may exist.
Undue Hardship
The PWFA requires reasonable accommodation of a qualified worker’s known limitation unless it would cause undue hardship on the operation of the covered entity’s business. The EEOC defines undue hardship as significant difficulty or expense. The listed workplace changes are possible accommodations, rather than guarantees that any particular adjustment must be provided.