Employer PWFA Compliance Requirements: What Every HR Professional Must Know

The Pregnant Workers Fairness Act (PWFA) represents a significant evolution in workplace rights, establishing a clear federal standard for accommodating employees and applicants with known limitations related to pregnancy, childbirth, or related medical conditions.

For human resources professionals, compliance is not just about understanding a new set of rules; it's about fundamentally shifting the approach to supporting pregnant workers. This law requires a proactive, flexible, and collaborative mindset to ensure these individuals can remain healthy and productive on the job.

Understanding the nuances of the PWFA?from its unique definition of a "qualified employee" to the specifics of the interactive process?is essential for mitigating legal risk and fostering an inclusive, supportive workplace culture.

This guide provides a comprehensive roadmap for HR leaders, compliance administrators, and supervisors, detailing your responsibilities, common administrative challenges, and the critical role of training in navigating this new landscape. Our PWFA Certification Program is designed to help you and your team stay compliant and manage accommodation requests with confidence.

Why PWFA Compliance Matters

Compliance with the PWFA is not optional. The Equal Employment Opportunity Commission (EEOC) is tasked with enforcing the law, and non-compliance can lead to formal charges, investigations, and significant penalties, including back pay, compensatory and punitive damages, and legal fees. Beyond the direct financial risks, a failure to comply can cause serious reputational harm, making it difficult to attract and retain talent in a competitive market.

Proactive compliance offers substantial operational and cultural benefits. By providing simple, effective accommodations, employers can keep experienced and valued employees on the job, reducing turnover costs and maintaining productivity. A strong PWFA compliance program signals to all employees that the organization is supportive, fair, and committed to their well-being, fostering a culture of trust and loyalty that pays dividends far beyond legal necessity.

PWFA vs. ADA and FMLA ? What?s the Difference?

The PWFA works in concert with the ADA and FMLA, but it has a distinct purpose and scope. Understanding the key differences is crucial for correct administration.

• Americans with Disabilities Act (ADA): Focuses on disability. An employee is protected if their pregnancy-related condition (like preeclampsia or gestational diabetes) rises to the level of a disability. The PWFA protects employees with pregnancy-related limitations even if they are not considered disabilities under the ADA.
• Family and Medical Leave Act (FMLA): Focuses on job-protected leave. It provides eligible employees with up to 12 weeks of unpaid leave for, among other things, their own serious health condition, which can include pregnancy. The PWFA's focus is on providing accommodations to keep the employee at work, if possible, though leave can be a PWFA accommodation.
• Pregnant Workers Fairness Act (PWFA): Focuses on accommodation for pregnancy-related limitations. Its primary goal is to provide temporary adjustments that allow a worker to continue performing their job safely. It has a much broader and more flexible definition of a "qualified employee" than the ADA.

These laws often overlap. A pregnant worker could be eligible for accommodations under the PWFA, leave under the FMLA, and further accommodations under the ADA if they develop a related disability. A compliant process requires analyzing an employee's situation under all applicable laws.

Learn how to integrate PWFA with ADA and FMLA in our Certified Administrator Program.

Who Is Covered Under the PWFA?

The PWFA's coverage is intentionally broad, applying to employers with 15 or more employees and extending protections beyond just current, full-time staff.

Not Just Employees

The law's protections apply not only to current employees but also to applicants and former employees. An applicant can request an accommodation for the hiring process (e.g., a chair during a long interview). The law also covers temporary and seasonal staff.

A crucial aspect of the PWFA is that an accommodation request does not have to come directly from the employee. It can be made by a representative, such as a family member, healthcare provider, or union representative.

The PWFA also expands the definition of a "qualified employee." Like the ADA, it includes individuals who can perform the essential functions of their job with or without an accommodation. However, it adds a second, critical category: an employee is also considered "qualified" even if they are temporarily unable to perform an essential function, as long as they will be able to perform it "in the near future" and the inability to perform it can be reasonably accommodated.

Finally, the employee's limitation must be "known" to the employer. This simply means the employee or their representative has communicated the limitation to the employer; no magic words are required.

The Role of Managers and Supervisors

Frontline managers and supervisors are often the first point of contact when an employee has a pregnancy-related need. Their actions?or inactions?can create direct liability for the employer under the legal principle of agency. If a manager mishandles an accommodation request, the employer is held responsible.

This makes manager training a non-negotiable component of PWFA compliance. Supervisors must be trained to:

• Do: Recognize a potential accommodation request, even if informal.
• Do: Respond with empathy and support.
• Do: Escalate the request immediately to HR.
• Don't: Ask for detailed medical information or a diagnosis.
• Don't: Make promises about what can or cannot be accommodated.
• Don't: Retaliate against an employee for making a request.

Providing managers with simple scripts and a clear understanding of their limited but critical role is essential for preventing costly missteps.

Key Employer Responsibilities Under the PWFA

The PWFA imposes several key responsibilities on employers, centered around a responsive and collaborative process.

The Interactive Process

Like the ADA, the PWFA requires employers to engage in an "interactive process" to identify an effective reasonable accommodation. However, the PWFA emphasizes that this process should be simple and swift. For many common pregnancy-related requests (e.g., more frequent bathroom breaks or carrying a water bottle), the conversation can be a quick, informal exchange.

The process must be a good-faith, back-and-forth dialogue. While it is designed to be informal, every step should be documented. This includes the date of the request, the information discussed, the accommodations considered, and the final decision. In more complex situations, the process may be more involved, but the goal is always a speedy resolution. One of the unique features of the PWFA is the encouragement of interim accommodations?temporary solutions provided while a final accommodation is being considered.

Reasonable Accommodations

The PWFA provides a non-exhaustive list of potential reasonable accommodations. The goal is to find a solution that effectively addresses the employee's limitation without causing the employer an undue hardship. Concrete examples include:

Modified work duties:

Temporarily changing lifting requirements.

Temporary reassignment:

Moving a worker from a public-facing role to a back-office position to manage severe morning sickness.

Flexible scheduling:

Allowing for a later start time or more frequent breaks.

Physical changes:

Providing a stool for a cashier who needs to sit, or allowing access to closer parking.

Food and drink:

Permitting an employee to have water and snacks at their workstation.

Telework:

Allowing remote or hybrid work when feasible for the job.

Leave:

Providing unpaid leave for prenatal appointments or recovery from childbirth.

An employer can only deny an accommodation if it would cause an undue hardship, meaning a significant difficulty or expense. This is a high bar to meet and requires a careful, documented analysis of the cost and operational impact.

Documentation and Recordkeeping

While the PWFA encourages a simple process, documentation is critical for demonstrating compliance. Best practices include:

Document the process, not just the outcome:

Keep notes of all conversations, emails, and meetings related to the accommodation request.

Limit medical information:

The PWFA places strict limits on when an employer can request medical documentation. It is generally not allowed if the pregnancy and the need for accommodation are obvious. If documentation is needed, it must be limited to confirming the pregnancy-related limitation.

Maintain confidentiality:

Any medical information obtained must be stored in a separate, confidential medical file, just as under the ADA. Access must be strictly limited to those with a need to know.

Follow retention rules:

All records related to a PWFA accommodation request should be retained in accordance with EEOC guidelines (generally, one year, or longer if a charge is filed).

Interim Accommodations and Spousal Rights

The PWFA introduces the concept of interim accommodations, also known as provisional accommodations. This means an employer should consider providing a temporary accommodation while they are discussing or gathering information about a more permanent solution. This prevents unnecessary delays and ensures the employee is supported throughout the process.

The regulations also mention "spousal rights" in a very limited context, primarily clarifying that an employer cannot discriminate against a male employee because his wife is pregnant. However, the core accommodation rights under the PWFA belong to the pregnant worker themselves. The primary takeaway is that all employment decisions must be free from stereotypes or assumptions based on an employee's or their spouse's pregnancy.

Common PWFA Administration Challenges

Administering the PWFA involves navigating several new concepts and potential challenges that require careful attention.

Determining ?Known Limitations?

One of the first challenges is understanding what constitutes a "known limitation." This is a broad term that includes both physical and mental conditions related to pregnancy, childbirth, or associated medical issues. It can range from common symptoms like morning sickness, back pain, and fatigue to more serious conditions like preeclampsia, as well as postpartum depression and issues related to lactation.

The key is that the limitation must be "known" to the employer, meaning the worker or their representative has communicated it. HR and managers must be trained to recognize that an employee complaining of a pregnancy-related issue is effectively putting them on notice. The PWFA significantly restricts an employer's ability to demand medical documentation. If the pregnancy is obvious and the requested accommodation is simple and common (like more bathroom breaks), requesting a doctor's note is generally prohibited.

Handling Requests Made by Others

The PWFA explicitly allows a representative of the employee?such as a spouse, family member, doctor, or union rep?to make an accommodation request on their behalf. When a third party makes a request, the first step is to communicate with the employee to confirm the request and that the third party is authorized to speak for them. It is crucial to maintain the employee's confidentiality throughout this process, sharing information with the representative only as authorized by the employee.

Determining Essential Job Functions

A major departure from the ADA is the PWFA's provision that an employee can be "qualified" even if they are temporarily unable to perform an essential function. This requires HR to conduct a careful analysis. You must determine which job duties are truly essential versus marginal. Then, you must assess if the employee's inability to perform an essential function is temporary and if they will be able to perform it "in the near future." The regulations suggest a general timeframe of around 40 weeks for "temporary." This means an employer may need to temporarily suspend an essential function or reassign it to other workers as a reasonable accommodation.

Documentation Rules and Conflicts with Other Laws

The PWFA's restrictions on requesting medical documentation can conflict with an employer's standard process under the FMLA or ADA, where requesting certification is common. When a single situation triggers multiple laws, the employer must navigate carefully. For example, if an employee requests leave for a pregnancy-related condition, the employer may need FMLA certification for the leave but would be restricted by the PWFA in seeking documentation for a simple accommodation like a modified work schedule. The rule of thumb is to apply the law that provides the greatest protection to the employee and to request the minimum amount of information necessary for each specific purpose. This also applies to health benefits, where FMLA and COBRA rules may interact with a PWFA leave accommodation.

Common Mistakes in PWFA Compliance

Understanding common mistakes is key to avoiding them. Here are some of the most frequent errors in PWFA administration:

• Denying accommodations without the interactive process. Immediately saying "no" to a request without a documented discussion is a primary violation.
• Failing to recognize non-employee coverage. Forgetting that applicants are also covered and have a right to accommodation during the hiring process.
• Mishandling medical documentation. Demanding a doctor's note for obvious conditions or simple requests, or failing to keep medical information confidential.
• Not training supervisors. Leaving managers unprepared to recognize and escalate requests is the fastest way to incur liability.
• Forcing an unwanted accommodation. An employer cannot force an employee to accept an accommodation they did not request (e.g., forcing an employee onto leave) if another reasonable accommodation is available.
• Ignoring overlapping obligations. Failing to consider FMLA and ADA requirements when an employee's condition also qualifies under those laws.
• Unnecessary delays. Taking weeks to respond to a simple request when the law emphasizes speed and encourages interim accommodations.
• Applying rigid attendance policies. Disciplining a pregnant worker for absences related to morning sickness or prenatal appointments without considering accommodation.
• Retaliation. Taking any adverse action against an employee for making a good-faith accommodation request.
• Poor confidentiality practices. Discussing an employee's pregnancy or accommodation with coworkers who do not have a need to know.

Avoid these costly mistakes ? Get certified in PWFA compliance.

PWFA Training & Certification for Employers

Given the newness and complexity of the PWFA, formal training is not just a best practice?it's an organizational necessity.

Why PWFA Training Is Essential

Effective training is the most direct way to ensure compliance and reduce legal exposure. The PWFA introduces new concepts and requires a different approach than the ADA or FMLA. Training ensures that HR and supervisors understand these distinctions. It builds the confidence needed to handle sensitive conversations correctly and to manage the interactive process efficiently. A well-trained team can resolve requests quickly, maintain productivity, and contribute to a culture where pregnant workers feel valued and supported, which is a powerful tool for talent retention.

What You?ll Learn in Our PWFA Certification Program

Our PWFA Certification Program is designed to provide deep, practical expertise. The curriculum covers:

• Core Concepts: A detailed breakdown of "qualified employees," "known limitations," and the expanded scope of the PWFA.
• The Interactive Process: Step-by-step guidance on managing the interactive process under the PWFA, with an emphasis on speed and documentation.
• Accommodation Solutions: A review of common reasonable accommodations, including temporary job modifications and return-to-work coordination.
• Managing Liability: Best practices for training managers and supervisors to recognize requests and prevent liability.
• Integrated Compliance: A framework for managing PWFA in conjunction with ADA, FMLA, and state leave laws.
• Documentation Toolkits: Sample forms and checklists for documenting requests and the interactive process compliantly.

How to Earn Your Certified Administrator Designation

Earning your Certified Administrator designation is a straightforward process designed for busy professionals.

1. Complete the training: Enroll in our expert-led certification program, available in self-paced online or live virtual formats.
2. Pass the exam: Demonstrate your knowledge by successfully completing the accompanying certification exam.
3. Stay current: As a certified professional, you will receive ongoing updates and resources as the law and its interpretations evolve.

This certification is ideal for HR Directors, HR Generalists, Leave Administrators, Compliance Officers, and any manager or supervisor involved in the accommodation process.

Enroll in the PWFA Certification Program Today ? Become a Certified Administrator.

Recommended Compliance Training Programs

We offer a suite of certification programs designed to build comprehensive compliance expertise across your HR function.

PWFA Training & Certification Program

This specialized program provides deep expertise on the newest federal accommodation law. It is essential for anyone managing pregnancy-related accommodation requests and ensuring organizational readiness.

ADA & FMLA Integration Certification

This course focuses on the complex interplay between the two most significant leave and accommodation laws. It is ideal for leave administrators who regularly handle complex medical situations.

Certificate in FMLA, ADA, and PWFA Compliance

Our flagship integrated program provides a holistic framework for managing leave and accommodation under all three major federal laws. This course equips you to handle any request with confidence and full compliance.

Integrating FMLA, ADA, COBRA, and Workers? Compensation

This advanced program is for senior administrators and benefits specialists, covering the complete lifecycle of an employee absence and the complex sequencing of all related benefits and protections.

Frequently Asked Questions About PWFA

1. What is a ?known limitation? under the PWFA?

A "known limitation" is any physical or mental condition related to pregnancy, childbirth, or related medical conditions that the employee or their representative has communicated to the employer. It does not need to meet the ADA's definition of a "disability." Examples include morning sickness, lifting restrictions, need for lactation breaks, or postpartum depression.

2. Can an applicant request an accommodation under the PWFA?

Yes. The PWFA's protections explicitly extend to job applicants. An applicant can request a reasonable accommodation for any part of the hiring process, such as needing a chair during an interview or a different format for a pre-employment test.

3. Do employers need medical proof for every PWFA request?

No. The PWFA strictly limits when employers can ask for medical documentation. You are not permitted to request documentation if the employee's pregnancy and the need for accommodation are obvious, or if you already have sufficient information confirming the condition. Documentation should only be sought when reasonably needed to verify the limitation.

4. How is the PWFA enforced by the EEOC?

The EEOC enforces the PWFA using the same procedures as Title VII of the Civil Rights Act and the ADA. An individual can file a charge of discrimination with the EEOC, which may investigate the claim. If the EEOC finds a violation, it can attempt to reach a settlement or file a lawsuit. The remedies can include compensatory and punitive damages.

5. How does the PWFA relate to maternity leave laws?

The PWFA is not a leave law like the FMLA, but leave can be a form of reasonable accommodation under the PWFA. For example, an employee may be entitled to unpaid leave for prenatal appointments or for a period of recovery from childbirth if they are not eligible for FMLA. The PWFA works alongside FMLA and state-level maternity or paid family leave laws.

6. What are some common examples of reasonable accommodations under the PWFA?

Common examples include allowing more frequent breaks for water, rest, or bathroom use; providing a stool or chair; modifying a work schedule; temporarily changing job duties to avoid heavy lifting or exposure to chemicals; and providing time and space for lactation.

Glossary of PWFA Terms

• Qualified Employee: An employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the job. Includes those who are temporarily unable to perform an essential function but can do so "in the near future."
• Known Limitation: A physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or their representative has communicated to the employer.
• Essential Function: A fundamental, non-marginal duty of a job position.
• Interactive Process: The informal, collaborative dialogue between an employer and an employee to identify an effective reasonable accommodation.
• Reasonable Accommodation: A modification or adjustment to a job or the work environment that enables a qualified employee with a known limitation to perform their job or enjoy equal employment opportunities.
• Undue Hardship: An action requiring significant difficulty or expense on the part of the employer.
• Interim Accommodation: A temporary accommodation provided to an employee while a final decision on their accommodation request is being considered.
• Representative Request: An accommodation request made on behalf of an employee by a third party, such as a family member or doctor.
• Temporary Reassignment: Moving an employee to a different vacant position for a limited time as a form of reasonable accommodation.
• Job Restructuring: Modifying a job by reallocating or redistributing marginal job functions.
• Lactation Accommodation: Providing a reasonable break time and a private, functional space for an employee to express breast milk.
• Confidential Medical Information: Any information related to an employee's medical condition, which must be stored separately and kept confidential.
• Direct Threat: A significant risk of substantial harm to the health or safety of the employee or others that cannot be eliminated by reasonable accommodation.
• Retaliation: Taking adverse action against an employee for requesting an accommodation or asserting their rights under the PWFA.
• Constructive Notice: A legal principle where an employer is considered to have knowledge of a limitation because it was obvious, even if not explicitly stated.

Download our free PWFA Compliance Glossary PDF to keep as a handy reference.

How to Handle Pregnancy Accommodation Requests Effectively

Handling a PWFA accommodation request effectively requires a process that is prompt, empathetic, and compliant. The first step is training managers to recognize a request, no matter how it is phrased, and to escalate it immediately to HR. The HR professional should then acknowledge the request in writing and schedule a conversation with the employee as soon as possible.

During this interactive process, the focus should be on understanding the limitation and brainstorming solutions. Ask the employee what they think would help. Be prepared to offer interim accommodations to address immediate needs. Only request medical documentation if absolutely necessary and be specific about what information you need. Once an effective accommodation is identified, document the decision and the plan, and communicate it clearly to the employee and their supervisor. Finally, schedule a follow-up to ensure the accommodation is working effectively. This structured yet flexible approach ensures compliance and shows the employee they are supported.

Examples of Reasonable Accommodations Under PWFA

The scope of reasonable accommodations under the PWFA is broad. The goal is to provide a practical solution to a specific limitation. Examples fall into several categories:

• Schedule Modifications: Allowing flexible start/end times to manage morning sickness; providing more frequent or longer breaks for rest, hydration, or meals; allowing time off for prenatal or postnatal care.
• Workstation & Environment Changes: Providing a stool or chair for jobs that typically require standing; moving a workstation closer to a restroom; providing a fan or heater to manage temperature sensitivity.
• Job Duty Modifications: Temporarily reassigning heavy lifting, strenuous activity, or exposure to chemicals; allowing for light duty; providing assistance with marginal tasks.
• Policy Exceptions: Allowing an employee to keep a water bottle or food at their workstation, contrary to a general policy.
• Leave: Providing unpaid leave for recovery from childbirth or for a period when the employee is unable to work and other accommodations are not feasible.
• Lactation Accommodations: Providing a clean, private space (that is not a bathroom) and reasonable break time to express breast milk.

Understanding ?Known Limitations? Under PWFA

The concept of a "known limitation" is central to the PWFA and broader than the ADA's "disability." A limitation is any physical or mental condition related to pregnancy, childbirth, or related medical conditions. This includes the pregnancy itself and common symptoms like fatigue, nausea, and back pain. It also covers more serious conditions like hypertension, as well as postpartum conditions like depression and recovery from childbirth (including C-sections). It even covers needs related to lactation.

The limitation must be "known" to the employer, which means the employee or their representative has simply communicated it. No special phrasing is needed. For example, an employee telling her manager, "I'm having a hard time lifting these boxes because I'm pregnant," is sufficient to put the employer on notice and trigger the obligation to begin the interactive process.

How to Conduct a PWFA Compliance Audit

A proactive PWFA audit can help identify and fix compliance gaps before they become legal issues. A comprehensive audit should include:

• Policy Review: Update your employee handbook to include a clear Reasonable Accommodation Policy that explicitly mentions pregnancy-related limitations and the PWFA. Ensure it outlines the process for making a request.
• Job Description Analysis: Review job descriptions to ensure they accurately identify essential functions. This is critical for assessing if an employee can be temporarily excused from an essential duty.
• Forms and Documentation Check: Create or update your accommodation request and documentation forms to align with the PWFA's specific rules, especially the limitations on requesting medical information.
• Manager Training Verification: Audit your training records to ensure all supervisors have completed PWFA-specific training on how to recognize and escalate requests.
• Accessibility Review: Assess your facilities to ensure there are accessible, private spaces that can be used for lactation.
• Process Walk-through: Role-play or walk through a typical accommodation request from start to finish to identify any bottlenecks or communication gaps in your process.

How PWFA Intersects With FMLA, ADA, and State Laws

The PWFA adds a new layer to an already complex legal framework. An employee's situation can easily trigger rights under multiple laws:

• PWFA and FMLA: An employee eligible for FMLA can use it for a serious health condition related to pregnancy. They can also use the PWFA to request accommodations to stay at work. For example, an employee might use intermittent FMLA for severe morning sickness but use PWFA accommodations like a flexible schedule on the days they are able to work.
• PWFA and ADA: If a pregnancy-related condition becomes a long-term impairment that substantially limits a major life activity, it becomes a disability under the ADA. The employee would then have rights under both laws. The PWFA's broader definition often provides protection earlier and for a wider range of conditions.
• PWFA and State Laws: Many states have their own pregnancy accommodation laws. Employers must comply with both federal and state law, adhering to whichever provides greater protection to the employee. For example, a state law might cover smaller employers or offer a broader range of accommodations.

A compliant approach requires analyzing each request through the lens of all applicable laws to ensure all obligations are met.

Training Supervisors to Prevent PWFA Violations

Supervisors are the gatekeepers of PWFA compliance. Since their mistakes create liability for the company, their training must be direct, simple, and recurring. The goal is not to make them legal experts but to instill a few critical behaviors.

Training should be scenario-based. For example: "An employee tells you she's pregnant and feels dizzy in the afternoons. What do you do?" The correct answer is always to show support and escalate to HR. The training must explicitly forbid them from making judgments about the request, demanding a doctor's note, or trying to solve the problem on their own. They must understand that even a seemingly helpful but unsolicited action, like unilaterally reducing an employee's hours, can be a violation. Providing them with a one-page "Do's and Don'ts" job aid and a simple script for responding to requests can be highly effective.

Employer Liability Under the PWFA Explained

Liability under the PWFA arises when an employer fails to meet its obligations under the law. The EEOC can bring enforcement actions, and individuals can file lawsuits. If an employer is found liable, the remedies can be significant and may include:

• Hiring, promotion, or reinstatement.
• Back pay for lost wages.
• Compensatory damages for emotional distress and out-of-pocket costs.
• Punitive damages if the employer acted with malice or reckless indifference.
• Payment of attorney's fees and court costs.

An employer can be held liable for a variety of actions, including denying a reasonable accommodation without proving undue hardship, retaliating against an employee for making a request, or unnecessarily delaying the interactive process. Importantly, a manager's failure to act correctly is legally considered the employer's failure. This underscores the critical importance of a well-documented process and thorough supervisor training.

Handling Temporary Restrictions and Job Modifications

The PWFA is built around the temporary nature of pregnancy-related limitations. Handling temporary restrictions effectively is key to compliance. When an employee has a restriction, such as a 10-pound lifting limit or an inability to stand for long periods, the first step is to explore accommodations within their current role. Can a marginal duty be reassigned? Can a stool or lifting aid be provided?

If accommodations in the current role are not possible, or if the employee is temporarily unable to perform an essential function, the employer must consider temporary job modifications. This could involve temporarily swapping duties with a coworker or, as a last resort, reassigning the employee to a vacant position for which they are qualified. The key is that these changes are time-limited, and the employee is expected to return to their original position once their limitation ceases.

Documenting the Interactive Process ? Best Practices

While the PWFA's interactive process is meant to be informal, documentation is your best defense. Every step should be recorded in a confidential accommodation file, separate from the main personnel file.

Best practices for documentation include:

• Create a standardized intake form: Note the date of the request, who made it, the nature of the limitation, and the accommodation requested.
• Keep contemporaneous notes: Document every conversation, email, and meeting. Note the date, who was present, and what was discussed, including all accommodations that were considered.
• Document medical requests: If you must request medical information, document why it was necessary and keep a copy of the limited request you sent.
• Write a clear decision letter: Formally document the accommodation being provided and its expected duration. If a request is denied due to undue hardship, the letter must explain the detailed reasoning.
• Record follow-up actions: Note the dates you checked in with the employee to see if the accommodation was effective.

Common Misconceptions About the PWFA

Several common misconceptions can lead to compliance errors. HR professionals should be prepared to correct them:

• Myth: The PWFA is just for women. Fact: The law protects any qualified employee or applicant with a known limitation related to pregnancy, childbirth, or related medical conditions, regardless of gender identity.
• Myth: The employee needs a "disability" to be protected. Fact: The PWFA covers temporary and minor limitations that do not qualify as disabilities under the ADA.
• Myth: We can always ask for a doctor's note. Fact: The PWFA strictly limits when medical documentation can be requested. It is often prohibited for simple, obvious requests.
• Myth: The PWFA is just another leave law. Fact: The PWFA's primary goal is to keep employees at work through accommodation. Leave is just one possible accommodation, often considered as a last resort.
• Myth: If it's an undue hardship, we can just say no. Fact: Denying a request due to undue hardship requires a high level of proof and a detailed, documented analysis.

What Counts as an Undue Hardship Under the PWFA?

An employer is not required to provide a reasonable accommodation if it would impose an "undue hardship," defined as a significant difficulty or expense. This is a very high standard to meet and must be assessed on a case-by-case basis.

The factors to consider include:

• The nature and cost of the accommodation.
• The overall financial resources of the employer.
• The size of the business and the number of employees.
• The impact of the accommodation on the employer's operations, including on the ability of other employees to do their jobs.

A minor cost or inconvenience does not constitute an undue hardship. For example, the cost of a stool for a cashier would almost never be an undue hardship. Denying a request on these grounds requires robust documentation proving that the accommodation would cause significant disruption or financial strain.

How to Communicate PWFA Policies to Employees

Effective communication is key to a successful PWFA program. Employees need to know their rights and how to exercise them.

• Update the Employee Handbook: Your handbook should contain a clear, easy-to-understand Reasonable Accommodation Policy that explicitly mentions pregnancy and the PWFA. It should name a specific contact person or department (like HR) for making requests.
• Use Multiple Channels: Don't rely solely on the handbook. Announce the updated policy via email, post information on the company intranet, and include it in new hire orientation materials.
• Provide Simple Language: Avoid legal jargon. Explain the process in plain English. Use an FAQ format to answer common questions.
• Emphasize Confidentiality and Anti-Retaliation: Your communications must assure employees that their requests will be handled confidentially and that they will face no retaliation for seeking support. This builds the trust necessary for the program to work.
• Train Managers to Communicate: Equip managers with the key points so they can answer basic questions and correctly direct employees to HR for the formal process.

A clear, proactive communication strategy ensures that employees feel empowered to seek the support they need, leading to better outcomes for both the individual and the organization.

In conclusion, the Pregnant Workers Fairness Act requires a thoughtful and proactive approach from every employer. It calls for a shift from a rigid, policy-driven mindset to a flexible, collaborative one focused on finding solutions. By investing in comprehensive training, establishing clear and simple processes, and fostering a supportive culture, you can ensure compliance, mitigate legal risk, and create a workplace where all employees, including pregnant workers, are positioned to succeed.

Ready to build true expertise in this critical new area of compliance? Enroll in our PWFA and integrated compliance certification programs today to empower your team and protect your organization.