“So the goal of this was to put pregnant women in a place where they don’t have to decide between economic security or health.”
In episode #118 of Mission to Grow, the Asure podcast that serves as small business owners’ guide to cash, compliance, and the War for Talent, Principal at Jackson Lewis P.C., Brian Shenker, sits down with host Mike Vannoy to discuss the complexities of the Pregnant Workers Fairness Act (PWFA) and its implications for employers. Brian shares the law’s key aspects, including temporary removal of essential job functions, accommodating pregnant employees, the importance of documentation, and understanding undue hardship.
Takeaways:
- PWFA Overview: The PWFA allows for the temporary removal of essential job functions for pregnant employees, unlike the ADA, which focuses on accommodations that enable employees to perform essential functions.
- Interactive Process: Employers must engage in a thorough, interactive process to explore accommodations, even if they create an inconvenience, as long as it’s not an undue burden.
- EEOC Guidance: Specific examples from the EEOC’s final rules illustrate how accommodations might play out in various industries, such as temporarily assigning a park ranger’s patrol duties to other employees due to pregnancy-related limitations.
- Small Business Challenges: Smaller businesses with 15 employees may find it more challenging to accommodate, but the PWFA stresses temporary solutions and shared burdens among staff.
- Undue Hardship: Employers can deny accommodations that create significant difficulties or expenses, but this requires thorough documentation to withstand scrutiny.
- Importance of Documentation: Keeping detailed notes, even extemporaneous ones, is crucial for employers to defend their decisions, especially in potential legal situations.
- Commuting Accommodations: The law goes beyond just workplace adjustments; for example, commuting changes for pregnant employees with health conditions like sciatica are covered.