LYNCH DALLAS LEGAL UPDATE | NEW GUIDANCE ON THE PREGNANT WORKERS FAIRNESS ACT
August 21, 2024
The Pregnant Workers Fairness Act (PWFA) requires employers of 15 employees or more to provide reasonable accommodations to employees or applicants with known limitations that arise from childbirth unless the accommodations create undue hardship for the employer. The Equal Employment Opportunities Commission (EEOC) has now published its guidance on how the PWFA will be implemented. The final rule became effective on June 18, 2024.
Under the new regulation, reasonable accommodations are “modifications or adjustments” to the application process or to the work environment that allows the employee to perform the essential functions—meaning duties that are fundamental to their employment— of their position, enjoy equal benefits and privileges of employment enjoyed by other employees who do not require an accommodation, or temporary suspension of the essential functions of their job. Examples of reasonable accommodations include:
- Making existing facilities readily accessible to and usable by employees who need accommodations;
- Restructuring the job, such as changes to work schedules, reassignment to vacant positions, providing a reserved parking space, modifying uniforms, providing seating, and more;
- Placing the employee on leave, including paid or unpaid but only if no other reasonable accommodation may be made or the employee elects such option;
- Breaks and other accommodations for lactation, such as proving a space for such activity.
Under the new regulation, undue hardship means “significant difficulty or expense incurred by a covered entity” when considered with several factors. These factors include the nature and cost of the accommodation needed; the characteristics of the employer, including its type of operation, overall financial resources, number of employees, and the effect of the accommodation on expenses and resources; and the impact of the accommodation on the operation of the entity.
An important note, an employer may only request documentation of the employee’s limitation under limited circumstances when it is reasonable to determine whether the employee has a limitation and needs an accommodation…meaning only when an employer needs to confirm the limitation, confirm the limitation is related to childbirth, and describe the adjustments needed at work.
Employers who do not comply with the new guidance may be subject to complaints to the Iowa Civil Rights Commission or EEOC, and ultimately, lawsuits.
For more information please contact Holly A. Corkery.
