Responding to Accommodation Requests from Pregnant Employees: A Guide for Pennsylvania Employers

The Pregnant Workers Fairness Act (PWFA) is a federal law effective June 27, 2023, and it impacts employers with 15 or more employees. This act, along with local ordinances in cities like Pittsburgh and Philadelphia, requires employers to provide reasonable accommodations to qualified employees with known limitations related to pregnancy, childbirth, or related medical conditions. As an employer, understanding your obligations and navigating these requests effectively is crucial for legal compliance and maintaining a supportive work environment.

Why This Matters to You

Beyond legal requirements, supporting pregnant employees fosters a positive workplace, improves morale, and reduces potential legal liabilities. Understanding the PWFA and local ordinances is not just about compliance; it's about building a culture of inclusivity.

The Pregnant Workers Fairness Act: Key Employer Obligations

The PWFA requires employers to provide reasonable accommodations unless doing so would cause an "undue hardship" to the business. This includes:

Engaging in an Interactive Process

This is perhaps the most critical step. When an employee requests an accommodation, you must engage in a good-faith dialogue to understand their needs and explore potential solutions.

Providing Reasonable Accommodations

Examples include job duty modifications, flexible work arrangements, equipment adjustments, and leave for medical appointments.

Maintaining Confidentiality

Employee's pregnancy-related information must be kept confidential.

Preventing Retaliation

You cannot retaliate against an employee for requesting or using accommodations.

Navigating Accommodation Requests: A Step-by-Step Approach

1. Acknowledge the Request Promptly

Respond to the employee's request in writing as soon as possible, acknowledging receipt and outlining the next steps.

2. Initiate the Interactive Process

Schedule a meeting with the employee to discuss their needs and limitations.

• Permissible Questions: You can ask for clarification about the specific limitations related to the pregnancy, childbirth, or related medical conditions that are impacting their ability to perform their job duties. You can request documentation from their healthcare provider that confirms the pregnancy-related condition and the need for the accommodation.

  
  

• Information You Can Require: You can require medical documentation that substantiates the employee's need for accommodation. This documentation should outline the specific limitations and how the requested accommodation will help.

  
  

Explore Potential Accommodations

Brainstorm various options. Consider temporary job restructuring, modified work schedules, providing assistive devices, or temporary reassignment to a different role.

Assess "Undue Hardship"

Determine if the proposed accommodation would create significant difficulty or expense for your business. Consider factors like the nature and cost of the accommodation, your overall financial resources, and the impact on business operations.

Document Everything

Keep detailed records of all communication, assessments, and decisions related to the accommodation request.

Provide a Written Response

Clearly communicate your decision (approval or denial) in writing, explaining the reasons for your decision. If denying, explore alternative accommodations.

Pennsylvania and Local Laws

Pennsylvania

Currently, there is no state-level law in Pennsylvania that specifically addresses accommodations for pregnant workers. Federal law will apply.

Pittsburgh

Requires reasonable accommodations for an employee’s pregnancy, childbirth, or related medical condition, and for an employee who is the partner of a person who is pregnant or affected by a related medical condition, so long as the accommodation will not cause an undue hardship to the employer. Reasonable accommodations include schedule modifications, light duty, temporary reassignment, being permitted to sit or eat at one’s work station, time off for medical appointments, leave to recover from childbirth or to care for a partner who is recovering from childbirth, and more.

Philadelphia

Requires employers to provide reasonable accommodations to employees, if requested, for needs related to pregnancy, childbirth, or a related medical condition, so long as the accommodations will not cause an undue hardship to the employer. Reasonable accommodations include restroom breaks, periodic rest for those who stand for long periods of time, assistance with manual labor, leave for a period of disability arising from childbirth, reassignment to a vacant position, and job restructuring. Employers must provide written notice of these rights.

Important Considerations:

Consistency

Ensure consistent application of accommodation policies across all employees.

Training

Train supervisors and HR personnel on the PWFA and your company's accommodation policies.

Legal Counsel

Consult with legal counsel to review your policies and procedures to ensure compliance with all applicable laws.

Need Assistance?

Navigating the PWFA and local ordinances can be complex. If you have questions or need assistance in developing compliant policies and procedures, contact an experienced employment law attorney at Fiffik Law Group. We can provide guidance and representation to help you manage these issues effectively.