Published: Union Leader
December 15, 2024
Q: After giving birth, Kim is returning to her retail job that includes working as a cashier and folding and putting away clothing. Kim developed carpal tunnel syndrome at the end of her pregnancy and continues to experience symptoms, which her doctor indicates will end in approximately 16 weeks. Kim asks that she be assigned to greet and assist customers, which is currently done on a rotating basis with other employees, because the syndrome makes it difficult for her to grip objects and button clothing. I heard about a new pregnant worker's law. Is this request something the company should consider?
The Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, provides workplace protections for employees and applicants. This federal law (42 U.S.C. 2000gg to 2000gg-6) requires employers with 15 or more employees to provide reasonable accommodations for those workers with known limitations related to pregnancy, childbirth, or related medical conditions. Recently, the Equal Employment Opportunity Commission (EEOC) issued final regulations at 29 CFR 1636 that provide interpretive guidance about the law and contain numerous examples like the one above to illustrate the PWFA's requirements.
Reasonable accommodations are adjustments or modifications to the work environment or in the way a duty is performed. This new law requires such accommodations for qualified employees who can perform the essential functions with or without reasonable accommodation. This is similar to the Americans with Disabilities Act (ADA).
The PWFA further requires temporary suspension of essential job functions under three specific conditions:
- The employee's inability to perform the function is temporary;
- The employee can perform the function in the near future; and
- The inability can be reasonably accommodated.
The regulations define "temporary" as not permanent and "in the near future" as generally up to 40 weeks from the start of the temporary suspension of an essential function.
Employers must engage in an interactive dialogue with employees about needed workplace adjustments and provide accommodations to qualified employees unless doing so would cause undue hardship.
In the above example, Kim's difficulty gripping objects and buttoning clothing are pregnancy-related physical conditions. She has communicated the temporary limitation to her employer as well as the need for an accommodation for 16 weeks. The employer may reasonably accommodate by temporarily assigning Kim to duties such as greeting and assisting customers for this period of time.
While introducing some new protections, the PWFA does not supersede existing employment laws. Employers should:
- Remain aware of other federal statutes like Title VII, ADA, FMLA, and PUMP Act;
- Consider state and local laws;
- Train supervisors on these protections; and
- Consider seeking legal counsel when navigating accommodation scenarios.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
