Buoyed by court decisions and legislative acts, employee accommodation requests are expanding at unprecedented levels. Each broad type of accommodation request has its own governing standard, and none is currently more different than the Pregnant Workers Fairness Act. Knowing the basic principles underlying the PWFA and understanding its distinctions can help employers manage pregnancy-related accommodation requests and compliance obligations more effectively.
Hosts: Joseph J. Lynett and Katharine C. Weber, Principals and Disability, Leave and Health Management Co-Leaders
Pregnancy Accommodations and the PWFA’s Final Regulations — Your Questions Answered
Podcast
“The one big knockout punch we found is that the EEOC really has no use for our trying to use our ADA medical questionnaires and our typical ADA forms and processes to comply with the PWFA. They really do envision that we’re going to handle these PWFA requests in a different manner.”
Key employer takeaways
- Review the final regulations and examples.
- Remember: If another federal, state or local law provides greater protection or different requirements, those laws will also apply.
- Review your policies and procedures; evaluate your forms carefully.
- Be careful of what you request: Some state and local laws limit when medical information can be requested to support a pregnancy-related accommodation request.
- Consider training your HR team, managers, first-line supervisors and others.
- Document!
