Understanding the Pregnant Workers Fairness Act: Compliance Insights for Employers

The Pregnant Workers Fairness Act (PWFA), now firmly established as federal law, imposes new compliance requirements on employers. While many lawsuits under the PWFA were initially brought under the prior administration, an article by Anne R. Yuengert and Cortlin Bond of the Bradley firm says enforcement efforts by the Equal Employment Opportunity Commission (EEOC) continue. 

The PWFA mandates that employers provide reasonable accommodations for employees affected by pregnancy, childbirth, or related medical conditions. For legal, compliance, and HR professionals, this law introduces key distinctions from the Americans with Disabilities Act (ADA), requiring fresh scrutiny of policies, training, and workplace practices.

Unlike the ADA, the PWFA may obligate employers to temporarily remove essential job functions or reassign workers to light-duty roles for the duration of a pregnancy, which could extend up to 40 weeks. Supervisors and managers play a critical role in ensuring compliance. While they are not expected to be PWFA experts, they must promptly recognize signs of pregnancy-related job challenges and involve Human Resources. Unpaid leave should only be considered a last resort after exploring other reasonable accommodations.

The article also suggests HR teams should review and update internal policies and procedures. To defend against potential EEOC claims, employers must demonstrate good faith efforts to comply with the law. This includes explicitly referencing pregnancy in anti-discrimination policies and possibly creating a standalone PWFA accommodation policy. Given the legal nuances, using forms specific to the PWFA can help document compliance and clarify the process for employees.

As litigation risks evolve, so must employer readiness. Legal, compliance, and HR teams should collaborate to train front-line supervisors, implement clear policies, and consult legal counsel as needed. The Pregnant Workers Fairness Act presents complex obligations, but with proactive steps, organizations can mitigate risk and uphold their legal responsibilities.