Pregnancy accommodations have been in a legal gray area for years, leaving many employers and HR professionals uncertain about their responsibilities. The Pregnant Workers Fairness Act (PWFA) is here to change that, giving clear guidelines to protect workers experiencing limitations due to pregnancy, childbirth, and related conditions. But this isn’t just another rule to tack onto your already bulging compliance binder— it’s a critical update that employers need to understand to avoid costly missteps.

The PWFA took effect on June 27, 2023, and it fills significant gaps that the Americans with Disabilities Act (ADA) and Pregnancy Discrimination Act (PDA) left open. So what does that mean for your business? And how can you protect your company from liability while supporting your employees? Let’s break down the basics and cover five essential steps you can take to stay compliant.

What is the Pregnant Workers Fairness Act?

In plain terms, the PWFA requires employers with 15 or more employees to provide “reasonable accommodations” to workers dealing with limitations related to pregnancy, childbirth, or related medical conditions. Think flexible hours, modified tasks, or even ergonomic adjustments. And like the ADA, the PWFA applies unless an accommodation causes “undue hardship” for the employer (we’ll get to what that actually means below).

However, there are some unique nuances. Under the PWFA, employers can’t simply shift a pregnant worker to unpaid leave if reasonable accommodations can meet their needs. Nor can they penalize workers for requesting accommodations or retaliate against them for asserting their rights under this law.

How is the PWFA Different from the ADA?

Good question. While the ADA also requires reasonable accommodations, it only applies to individuals with qualifying disabilities. Pregnancy, however, isn’t considered a disability under the ADA, which left a huge gap for pregnant workers in need of temporary adjustments to their roles. The PWFA now steps in, applying specifically to pregnancy, childbirth, and related conditions.

Key Differences Between PWFA and ADA:

• Scope: ADA accommodations are only for workers with disabilities, while PWFA covers any “known limitations” from pregnancy, childbirth, or related conditions.

• Qualifying Conditions: Pregnancy and childbirth-related conditions alone are enough for PWFA protections; no specific “disability” is required.

• Forced Leave Prohibition: Under PWFA, an employer can’t force a pregnant worker to take leave if a reasonable accommodation is available, which differs from typical ADA practices.

For employers, the PWFA means a proactive approach to supporting pregnant workers—and yes, another layer of compliance.

5 Steps to Help Employers Comply with the PWFA

It’s time to get down to the practical side. Here are five steps every employer should consider to stay compliant and avoid headaches down the line:

1. Revise Your Accommodation Policies and Manuals

Your company policies should reflect the specific accommodations covered under the PWFA. Ensure that the language on pregnancy and childbirth accommodations is clear, listing examples like adjusted schedules, modified duties, and additional breaks. This way, employees understand their rights, and HR teams have a go-to reference for responding to requests.

2. Train Managers on Pregnancy and Medical Condition Accommodations

Managers are the front line for accommodation requests, so make sure they’re well-versed in the PWFA’s requirements. This includes knowing how to engage in the “interactive process”—the required back-and-forth with employees to find suitable accommodations. By being proactive, you’ll avoid miscommunication and prevent any friction that could lead to legal issues.

3. Establish an Interactive Process Template

To simplify the accommodation process, create a template or checklist for managers to follow when handling accommodation requests. This can include:

• Discussion prompts for identifying needs.

• Documentation procedures to keep track of the interactive process.

• Guidelines for evaluating “undue hardship” if certain accommodations prove challenging.

This not only keeps things organized but also ensures consistent handling of requests across the board.

4. Reevaluate Job Descriptions for Potential Flexibility

Reviewing job descriptions may reveal roles where minor adjustments can be made to accommodate pregnant workers. For example, consider whether physical demands could be modified or certain responsibilities could be shared. This proactive approach could save you from scrambling for last-minute adjustments.

5. Update Employee Handbooks and Regularly Communicate Policy Changes

Every employee should know their rights under the PWFA, so don’t wait for them to ask. Update your employee handbooks and communicate these changes via internal emails, town halls, or employee portals. Regular updates ensure that all employees, including those who may need accommodations in the future, understand their options.

Why It Matters

The PWFA isn’t just another checkbox on your compliance list; it’s a chance to create a more supportive workplace that acknowledges the realities of pregnancy and childbirth. By following the PWFA’s requirements, you protect your organization from potential liability and foster an environment that values employee well-being.

If you need additional convincing, here are 100,000 reasons why you should accommodate pregnancy-related conditions.

Pregnancy is a temporary condition, but failing to follow the law can have lasting consequences. Staying ahead of PWFA compliance is both the right thing to do and a smart move for protecting your business. Implement these five steps to create a fair, legally compliant workplace where your employees—and your business—can thrive.

By getting the basics right, you’ll prevent misunderstandings, create a supportive work environment, and steer clear of costly fines or lawsuits. Not only does that make good legal sense, but it also shows your commitment to supporting your employees through life’s biggest changes.

For assistance in reviewing your current processes or to explore how empathiHR can assist your company in mitigating its risks to claims of harassment & discrimination, contact 866-240-6618 or hello@empathihr.com