Overview Of PWFA’s Prohibitions

The PWFA statute lists five unlawful employment practices:

• Failing to make reasonable accommodations to the known limitations related to pregnancy, childbirth, or a related medical condition of a qualified employee, unless the employer can demonstrate undue hardship
• Requiring a qualified employee to accept an accommodation other than a reasonable accommodation derived through the interactive process
• Denying employment opportunities based on the need to make reasonable accommodations to the known limitations related to pregnancy, childbirth, or a related medical condition of a qualified employee
• Requiring a qualified employee to take paid or unpaid leave where another reasonable accommodation is available and can be provided to address the known limitations related to pregnancy, childbirth, or related medical condition
• Taking adverse action with respect to the terms, conditions or privileges of employment against a qualified individual who requests or uses such reasonable accommodation

Further, the PWFA regulations forbid employers:

• From insisting on a written request for an accommodation
• Requiring the completion of any form for accommodation
• Medical documentation can be required only if it is reasonable under the circumstances to determine if the employee has a qualifying condition and needs an adjustment or change at work due to the limitation
• From harassing eligible individuals

Additionally, employers must exhaust all reasonable efforts to keep the employee in their current position or in a temporarily-reassigned position. Note: This is an excerpt from our Pregnant Workers Fairness Act Training & Certification Program.