While Congress passed the Pregnant Workers Fairness Act (PWFA) on December 27, 2022, the Equal Employment Opportunity Commission (EEOC) didn’t issue its final regulation on the PWFA until April 15, 2024. As an employer, you are now required to comply with all parts of this law. This regulation applies to any workplace that has at least 15 workers, so many American businesses will be held to this standard.

10 Best Practices for Complying With the PWFA 

If you’re working on your PWFA compliance, there are a few best practices your company should adopt. 

1. Pay Attention to Your Employees 

As an employer, it is your duty to notice if your workers may need PWFA accommodations. Under the law, workers don’t have to tell you that they need accommodations in order to get them. 

For instance, a worker may mention to a supervisor that they are experiencing morning sickness. Alternatively, an employee may even have a baby shower in the breakroom. In both of these cases, it is your duty to follow up with the employee to see if there are any accommodations you can do that would make them more comfortable.

While this requires more effort on the employer’s part, the employer is legally required to fulfill this obligation. Additionally, it’s typically a good policy to care about your workers and to demonstrate this care for them in your HR policies. In a tight labor market, a positive company culture and a supportive environment can give you a competitive edge.

2. Ask If They Need Accommodations 

Once you know about a worker’s pregnancy, childbirth, miscarriage, or related medical condition, the next step is asking the worker if they need accommodations of any sort. If they are experiencing issues, you can talk to them about ways to make their work day more comfortable. Then, use an interactive process to decide the best accommodations for their unique case.

3. Create Appropriate HR Policies 

Now that the PWFA has been implemented, it’s important for organizations to develop HR policies about the law. You may also want to include a PWFA section in your employee handbook. Some of your existing rules, such as company policies about only drinking water on breaks or always standing during work, may need to have exclusions for pregnant workers. 

Additionally, you’ll need to update your “Know Your Rights” poster. There is now a new poster that incorporates anti-discrimination rules and accommodations from the PWFA.

4. When in Doubt, Accommodate 

Under the PWFA, you should generally take a worker’s word for it if they say they’re experiencing pregnancy-related complications. You don’t need to get a doctor’s note or other documentation. Instead, the goal is to provide accommodations as quickly as possible. 

5. Consider Some Accommodations To Be Automatic 

Under the PWFA, some accommodations are supposed to be given automatically. For example, you can immediately provide workers with the ability to use the bathroom, drink water, or eat snacks more frequently. However, there are likely additional accommodations needed, so you should always talk to the employee about their requirements instead of assuming the kind of accommodations they may need.

6. Avoid Requiring Documentation and Proof Whenever Possible

While the ADA allows employers to request medical documentation, you don’t need documentation or proof under the PWFA. In general, the PWFA encourages employers to take the worker’s needs at face value. If workers say they need accommodation for morning sickness or pregnancy-related hip pain, you should provide the requested accommodations. 

Often, the only time you need documentation is if you are uncertain about the best way to accommodate a worker’s medical condition. In this case, you may want ideas and input from their medical provider. 

7. Discuss Accommodation Before Providing It 

Under the PWFA, you need to discuss accommodations before providing them. If you provide some accommodations automatically, you could end up in a situation where you’re giving workers accommodations they don’t need. Alternatively, you could change the employee’s workload so that it unintentionally limits their access to promotable activities. Because of these dangers, you should always ask employees what they need before you give them any accommodations.

8. Document Undue Hardship Cases Carefully

If you just hired your 15th employee, you may be so small that only one employee is assigned to boxing up orders, working with customers, or handling other important tasks. The PWFA doesn’t require workers to do all of their essential job functions, which can leave your other 14 employees doing far more work than normal. For a company with just 15 workers, this can be a hardship. 

Because of this, the PWFA specifically allows workplaces to reject accommodation requests if it causes undue hardship. However, you will need to document your decision and the factors influencing your decision as much as you can. 

You need physical documentation of your decision so that you have proof of potential PWFA complaints in the future. Even if your documentation is as simple as a notebook with a handwritten justification, it can still help your case.

9. Think Carefully Before Offering Leave

In general, leave should be considered a last resort under the PWFA. If you can adjust the job, hours, equipment, or other factors, you should start by offering accommodations. However, leave is an option if your accommodations aren’t enough or there aren’t any possible accommodations.

10. Remember Many Pregnancy-Related Conditions Are Covered 

In recent rulings, the EEOC has taken a broad view of what types of conditions are covered. Other than pregnancy, it also includes conditions that develop because of a miscarriage, lactation, use of birth control, childbirth, fertility treatments, and existing conditions that are exacerbated by pregnancy.

Get Help With Your PWFA Compliance

If you don’t comply with the PWFA, you could face compensatory damages, injunctive relief, punitive damages, payment of lost wages, and similar penalties. Fortunately, you can generally avoid these types of issues by simply following the law. By adopting PWFA best practices, you can improve your company culture, comply with the law, and avoid potential penalties. 

To learn more about PWFA compliance, reach out to our small business HR experts today.