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Pregnancy Related Accommodations

The Pregnant Workers Fairness Act (PWFA) was recently signed into law on June 27, 2023. This federal law aims to protect the rights of pregnant employees by requiring employers to treat known limitations resulting from pregnancy, childbirth, and related medical conditions as conditions essentially equivalent to a disability under the Americans with Disabilities Act (ADA).

Similar to the ADA, the PWFA requires the university to engage in the interactive process to identify reasonable accommodations. Under the PWFA, reasonable accommodations are intended to enable an employee to remain in active work status.

It is also important to note that, unlike the ADA, no disability is required for reasonable accommodations under the PWFA. The PWFA requires only that there be a known limitation related to pregnancy, childbirth, or a related medical condition.

What are some examples of accommodation requests under the PWFA?

If you are pregnant, recovering from childbirth, or have a condition related to pregnancy, you have the right to ask for a reasonable accommodation. This may include assistance with heavy lifting, a private space for expressing milk, or time off to recover from your pregnancy. Other pregnancy-related accommodations include, but are not limited to:

  • Ability to sit
  • Ability to drink water while working
  • Flexible work hours
  • Appropriately sized uniforms and safety apparel
  • Additional break time to eat, rest, or use the restroom

How do I request an accommodation under the PWFA?

Like employee ADA accommodations, pregnancy-related accommodations for employees are facilitated by Accessible Campus Community & Equitable Student Support (ACCESS). To begin the process, please register on Accommodate to articulate your need for a workplace accommodation under the PWFA.

Once your submission is received an assigned case manager will work with you to obtain medical documentation if necessary, and identify and verify the known limitation(s). ACCESS will then coordinate the interactive process intended to identify reasonable accommodations that will enable you to continue working with the known limitation.

Where can I find more information about the PWFA?

More information about the Pregnant Workers Fairness Act can be found on the U.S. Equal Employment Opportunity Commission website.