Does the PWFA Affect Your Reasonable Accommodation Program?
August 31, 2023 by Lisa Sigler
The 2023 Pregnant Workers Fairness Act went into effect June 27, 2023. This new law mandates reasonable accommodations for employees with limitations related to pregnancy, childbirth, or related medical conditions. How will these new requirements impact your current reasonable accommodation program? What should you do now?
Existing Reasonable Accommodation programs
The concept of reasonable accommodation (RA) has long been recognized as a crucial component of fostering an inclusive and fair work environment. Handled by HR, the EEO office, or as its own separate program, reasonable accommodation refers to modifications or adjustments made to a job or workplace to accommodate the needs of individuals with disabilities or limitations. However, before the Pregnant Workers Fairness Act, no regulations mandated accommodations related to pregnancy.
Accommodations for Pregnancy
The act provides pregnant employees with a range of accommodations that can be implemented depending on individual needs and circumstances. These accommodations include but are not limited to:
- Being able to sit or drink water
- Receiving closer parking
- Having flexible hours
- Receiving appropriately sized uniforms and safety apparel
- Receiving additional break time to use the bathroom, eat, and rest
- Taking leave or time off to recover from childbirth
- Being excused from strenuous activities and/or exposure to chemicals not safe for pregnancy
Under the act, employers are obligated to engage in an interactive process with pregnant employees to determine appropriate accommodations that address their specific needs. This process encourages open communication between the employee and the employer, facilitating a constructive dialogue regarding the employee's limitations and the potential accommodations available.
Less Impact to RA Programs Than You Think
While the Pregnant Workers Fairness Act is an important piece of legislation, the impact to well-organized and functioning reasonable accommodation programs will likely be minimal. Why? Because the kinds of accommodation required by most pregnant workers are not unusual.
Reasonable accommodation programs should already be well-positioned to adjust things like seating arrangements, working hours, required apparel, and daily duties for qualified employees. If you are working efficiently, your biggest changes will likely be which accommodations are approved and how each is categorized in your reporting.
What Reasonable Accommodation Offices Should Do Now
Just because the requirements of the act probably will not be a burden to your organizations, that does not mean you should ignore them. The roll-out of these new requirements presents an excellent opportunity for your organization to review its programs. You can evaluate:
- If your program is running efficiently and in compliance with all relevant legislation
- If your software is up to date and supports pregnancy-related accommodation types
- If your reporting mechanisms are set up to capture accommodation requests, judgments, and appeals related to pregnancy accommodations
If your program has any gaps that are making it difficult to comply with the Pregnant Workers Fairness Act, now is the best time to shore up your processes. You should consider adopting modern software that can help track, manage, and report on all reasonable accommodation requests. If you are already using a system for tracking requests, make sure it is configured to handle the specific requests covered by the new act.
Fairness for Pregnant Workers
Well-organized reasonable accommodation programs are already poised and ready to handle accommodation requests stemming from the Pregnant Workers Fairness Act. Use this time to review your processes and software to make sure you have no gaps. You will be better prepared to support the pregnant workers in your organization to ensure they are safe, healthy, and able to thrive in your workplace throughout their pregnancies.