PWFA

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DEFINITIONS

EXAMPLES

WHO IS QUALIFIED:

Anyone who can perform the essential functions of the job with or without a reasonable accommodation.

KNOWN LIMITATIONS:

Any condition the employer has been informed about that is:

Related to pregnancy or childbirth
Affected by pregnancy
Arising out of related medical conditions

WHO MUST FOLLOW THIS LAW?

All employers, employment agencies, and unions covered under Title VII

Public and private employers with 15 or more employees

Applies regardless of industry

Employers must provide accommodations that do not cause undue hardship, such as: >Sitting instead of standing >Assistance with lifting heavy objects >Reducing tasks or hours (when possible and at employee’s will) >Taking leave for recovery, nursing, or related medical care >Any other necessary adjustments to support the employee

TIMEFRAME OF ACCOMODATIONS

Employee must be able to return to work “in the near future” (up to 40 weeks)

Leave does not count toward the 40 weeks

Designed to protect:

Economic security

Health of the mother and child

May vary depending on:

Known limitation

Employee’s role

Case-by-case factors

OTHER "RELATED MEDICAL CONDITIONS"

REQUESTING ACCOMODATIONS

These include (but are not limited to):

Lactation

Miscarriage

Stillbirth

Having or choosing not to have an abortion

Hemolysis

Gestational diabetes

Low platelet syndrome

Infertility and fertility treatments

📝 Note: Infertility treatment counts when the employee is actively attempting to become pregnant.

Employees have the right to request adjustments easily and without barriers: >Requests do not have to be written >Employees do not have to use medical terms >Requests can be made verbally or in writing Only reasonable documentation is required, such as: >A statement of a physical or mental condition >Confirmation that it is pregnancy-related >Explanation of needed workplace adjustments 💬 Who can provide documentation? >Physicians >Mental health professionals >Doulas

AVOIDING PENALIZATION

Employees cannot be penalized for:

Reduced productivity or performance related to accommodations

Using reasonable accommodations

However:

If the employee is temporarily reassigned, employers may reduce pay