Is your company in compliance with the Pregnant Workers Fairness Act (PWFA)? Because of how recent this HR law is, some small businesses are struggling with its implementation. Learn more about when the PWFA becomes a requirement and how you can comply with this important employment law.

When Do Businesses Have To Start Following the PWFA? 

In a recent Mission to Grow podcast on, “Navigating Accommodations Under the PWFA: Insights for Employers,” Brian Shenker, HR lawyer at Jackson Lewis, discussed the requirements businesses face under the PWFA. “The PWFA requires employers with at least 15 employees to provide reasonable accommodations to a qualified employee’s known limitations,” he says. “There are known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.”

Basically, companies with 15 or more workers are required to follow the PWFA. Your actual accommodations begin as soon as you know that someone is pregnant or has a pregnancy-related complication. 

For example, an employee may tell a supervisor or another employee that they called in sick because of morning sickness or a pregnancy-related migraine. As soon as someone at your workplace is aware of PWFA-qualified conditions, you should reach out to the worker and ask what type of accommodations should be made. Under the law, the employee doesn’t have to ask for accommodations, but you are required to offer them anyway.

When Did the PWFA Go Into Effect? 

The PWFA was enacted on June 27, 2023, although the Equal Employment Opportunity Commission’s (EEOC) final regulation just went into effect on June 18, 2024. Since the law was enacted in 2023, the EEOC has been accepting and investigating complaints about PWFA violations.

What Are Your Requirements Under the PWFA?

As a small business owner, there are a few important requirements you must follow under the PWFA. 

Posting a “Know Your Rights” Poster

Under Title VII of the Civil Rights Act of 1964, you are already required to post a “Know Your Rights” poster in your workplace. However, this poster was revised in 2023 to reflect provisions from the PWFA. If you haven’t already replaced your old poster, now is a good time to do so.

Discovering a Worker’s Need for Accommodations

Once you know an employee has a pregnancy-related limitation, you need to ask them about it and find out if they need accommodations. According to Shenker, “We’re talking about a known limitation, right? It’s not enough that the employer knows the employee is pregnant or trying to get pregnant or whatever it might be. It’s that the employer needs to be aware of a limitation, right?

“So that’s the key, “ he says. “That could come up if the employee may be complaining or making a comment about the limitation. Maybe they’re not even asking for something. They’re just venting or explaining an issue they’re having. Or it could be more evident, more blatant, where they’re coming to you and saying ‘Since I’ve been pregnant my work chair is really uncomfortable.’”

It is your duty to find out if a worker needs accommodations. This means you need to train managers to notice signs someone may need accommodations. Once you notice someone has limitations, ask them how they’re doing and if you can change anything to accommodate their limitations. 

Discussing Accommodations in a Quick, Interactive Process

It is important to remember that the accommodation process is supposed to be interactive. You can’t simply give the worker accommodations, like light-work duty or a different chair, without asking them about it. 

This rule exists for many reasons. First, you don’t want to give someone an accommodation they don’t need or an accommodation that isn’t actually helpful. Additionally, some accommodations, like transferring to a different position, may make it harder for the employee to be promoted. You don’t want to make any accommodations that might have an adverse effect on the worker. Additionally, you need to find an accommodation that alleviates the problem and causes minimal disruption to your workplace. 

Providing Accommodations 

Once you agree on the appropriate accommodations, the next step is providing them to the employee. If you are uncertain if the accommodations are truly necessary, you should provide them on an interim basis while you investigate the best course of action. 

Additionally, the PWFA has examples of accommodations that should always be considered reasonable. These include accommodations like getting more bathroom breaks or more opportunities to eat snacks. Additionally, you may want to offer the employee opportunities to sit or stand when they need to change positions.

Offering Leave as a Last Resort

With the PWFA, leave is generally considered a last resort. Instead of providing leave, the goal is to do everything you can to make the employee comfortable so that they can continue working. This may be done through schedule changes, new equipment, more frequent breaks, a lactation space, or any other accommodations they need. 

Are There Ways To Avoid the PWFA? 

There generally aren’t ways to avoid the PWFA, and you shouldn’t try to. In a tight labor market, you should be providing employees with a positive, supportive work environment as much as possible. 

However, if the PWFA is genuinely impossible for your workplace to provide, you can reject the accommodations. When claiming an undue hardship, you must be extremely careful about documenting your decision. The employee can file an EEOC complaint years later, and you’ll need solid documentation to defend your decision. In most cases, it is easier to simply comply with the PWFA and provide accommodations to the worker. 

Improve Your Company’s HR Practices

By following the PWFA, you can do more than simply comply with the law. You can also create a more positive, supportive workplace. The labor market is likely to remain tight in the future, so you should do everything you can to attract potential employees. 

If you’re struggling to comply with major employment laws, we can help. To learn more about the PWFA and other HR requirements, reach out to our team of small business HR and payroll experts today.