What Employers Should Know About the EEOC’s Guidance on the Pregnant Workers Fairness Act

This article is from The National Law Review: https://ow.ly/JWUX50UFLW5 Employers take note: The Pregnant Workers Fairness Act (PWFA) is in full effect, and new guidance from the Equal Employment Opportunity Commission (EEOC) is helping clarify how health care providers can support pregnant and postpartum employees in the workplace.

Enacted on June 27, 2023, the PWFA is a federal law requiring covered employers—those with 15 or more employees—to provide reasonable accommodations for workers with limitations related to pregnancy, childbirth, or related medical conditions. With the EEOC’s December 18, 2024 guidance, health care providers are now better positioned to assist patients in obtaining the workplace accommodations they need—making it critical for employers to understand their obligations under the law.

Key Points for Employers

1. Understanding the Requirement

At the heart of the PWFA is the obligation to provide reasonable accommodations—changes to the work environment or job responsibilities that allow pregnant workers to continue working and accessing the same benefits as others. This could include modifications such as:

• Adjusted work schedules

• Temporary reassignment

• More frequent breaks

• Modified lifting requirements

• Remote work options

  
  

2. Who’s Covered?

Employees or applicants are qualified for accommodations if:

• They can perform the essential job functions with or without accommodations, or

• They are temporarily unable to do so but will be able to in the near future with support.

Employers must act on accommodation requests when a limitation is “known”, which means it’s been communicated by the employee or their representative—this now includes health care providers under the latest EEOC guidance.

3. The Accommodation Process: What to Expect

The process starts once an employee makes a request—no magic words are required. A casual statement like, “I’m having difficulty standing for long periods during my pregnancy,” can trigger the need for an interactive process.

Important employer obligations include:

• Engaging in a good faith, interactive process with the employee

• Not requiring an exam by a provider selected by the employer

• Allowing documentation from the employee’s chosen health care provider, if documentation is necessary

Employers should treat accommodation requests under the PWFA with the same level of urgency and care as those under the Americans with Disabilities Act (ADA), but with recognition that pregnancy-related conditions may be temporary and still protected.

Why This Matters Now

The EEOC’s updated guidance gives health care providers the green light to actively advocate for their patients by helping them articulate and document needed accommodations. This adds another layer of accountability for employers—and increases the importance of having clear internal processes in place for handling accommodation requests.

Final Thoughts

If your business has 15 or more employees, compliance with the PWFA is not optional. Take time now to:

• Review your accommodation policies

• Train managers and HR staff on how to recognize and respond to requests

• Stay informed about additional guidance from the EEOC

Ensuring a supportive and legally compliant environment for pregnant and postpartum workers isn't just the law—it’s also a step toward building a healthier, more inclusive workplace.