EEOC Releases PWFA Information for Health Care Providers

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) released new information for health care providers to help their patients obtain pregnancy and childbirth-related accommodations in the workplace under the Pregnant Workers Fairness Act (PWFA).

The PWFA is a new federal law enforced by the EEOC requiring employers to make reasonable accommodations to a qualified employee or applicant’s known physical or mental conditions affected by, related to, or arising out of pregnancy, childbirth, or related medical conditions. A reasonable accommodation is a change in the workplace enabling an applicant or employee to apply for a job, perform their job, or enjoy access to the same benefits and privileges as other employees, such as breaks to drink water or eat, or time off for medical appointments.

Providers may play a key role in helping patients obtain accommodations at work by informing their patients about the PWFA, suggesting appropriate potential accommodations, and providing supporting documentation, if necessary.

“The PWFA ensures that pregnant workers can keep doing their jobs safely and effectively, free from discrimination and retaliation. The PWFA is more effective when health care providers understand how best to support their patients through the reasonable accommodation process,” said EEOC Chair Charlotte A. Burrows. “The EEOC’s new resource explains how health care providers can assist their patients and addresses commonly asked questions.”

If a patient is seeking an accommodation under the PWFA, employers may, but are not required to, seek supporting documents from health care providers in certain situations. The new resource explains the type of documentation that will most likely support the patient’s request.

The new resource includes examples of possible reasonable accommodations, including extra or longer breaks to eat, drink, or use the restroom, changing equipment or workstations such as providing a stool to sit on, changing a uniform or dress code or providing safety equipment that fits, temporary reassignment, light duty or help with lifting, telework, and leave. The resource also provides links to additional helpful resources.

To learn more about the PWFA, visit the EEOC’s “What You Should Know” page and More Resources About the PWFA | U.S. Equal Employment Opportunity Commission; for more information on pregnancy discrimination, visit https://www.eeoc.gov/pregnancy-discrimination.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.