Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA) became effective on June 27, 2023. This federal law aims to protect the rights of pregnant employees by requiring employers to provide accommodations for known limitations resulting from pregnancy, childbirth, and related medical conditions.

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 important to note that unlike the Americans with Disabilities Act (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 related medical condition.

Learn More About the PWFA

Information for OHIO Employees

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

How Do I Request PWFA Accommodations?

1. Inform an Ohio University representative (e.g., your supervisor, H.R. Liaison, Accessibility Services staff, etc.) that you have a limitation related to pregnancy, childbirth, or related medical condition. (Note: You are not required to provide documentation of pregnancy, childbirth, or related medical condition to your supervisor)
2. Inform an Ohio University representative (e.g., your supervisor, H.R. Liaison, Accessibility Services staff, etc.) that you require accommodations (a change or adjustment at work due to your limitation). The notification can be in person, in writing, or electronically — any method qualifies as notification.

Once you’ve communicated a need for an accommodation to your supervisor, your supervisor will notify Accessibility Services, or you may elect to reach out to Accessibility Services directly at access@ohio.edu or 740.593.2620 or by submitting a confidential request for accommodation at Pregnant Workers Fairness Act - Application for Accommodation Form. An Accessibility Services staff member will work with you to coordinate the interactive process. This may involve Accessibility Services consultation with your supervisor concerning the implementation of reasonable accommodations, determining the need for additional information, and communicating with you about the details of current and/or anticipated accommodation needs.

Examples of Accommodation Requests Under PWFA

• Additional breaks to drink water, eat, or use the restroom
• A stool to sit on when the work is performed while standing, or areas to stand when the work is performed while seated
• Time off for health care appointments
• Temporary suspension or re-assignment of certain job duties
• Remote work
• Time off to recover from childbirth or miscarriage

Information for OHIO Supervisors

We can’t require an employee to accept accommodation outside of an interactive process, deny employment opportunities, or require an employee to take leave if another reasonable accommodation can be provided under PWFA. If you are modifying an employee’s work schedule, responsibilities, or work location, be sure to keep Accessibility Services involved before making those decisions and implementing them.

Ohio University is committed to supporting employees’ rights under the Pregnant Workers Fairness Act, and supporting them through pregnancy, childbirth, or related medical conditions. Accessibility Services is ready to provide support and guidance when you have an employee who qualifies for these protections.

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

Common Accommodation Requests

Here are some common accommodation requests that you might receive, and they are protected under PWFA:

• Additional breaks to drink water, eat, or use the restroom
• A stool to sit on when the work is performed while standing, or areas to stand when the work is performed while seated
• Time off for health care appointments
• Temporary suspension or re-assignment of certain job duties
• Remote work
• Time off to recover from childbirth or miscarriage

What you need to know about PWFA as a supervisor:

1. An employee or an employee’s representative acting on behalf of the employee (e.g., spouse/partner, H.R. Liaison, FMLA Coordinator, and/or other family members, etc.) may submit a request for accommodation under PWFA.
2. When any employee notifies you of their pregnancy, childbirth, or related medical condition, we recommend that you express support for this significant life event and ask what they need, rather than making assumptions about their needs. A suggestion might be to simply ask, “How can I help?” 
   An employee can notify you or any Ohio University representative of an accommodation request in person, in writing, or electronically – any method qualifies as notification.
   Employees do not have to use specific words such as PWFA or accommodations to begin the interactive request process but must indicate a limitation to performing their job. Contact Accessibility Services at access@ohio.edu or 740.593.2620 (even if the employee is not a direct report or works in a different department) to share the employee’s notification and any accommodation requests.
3. Additionally, when any employee notifies you of episodic pregnancy-related conditions such as morning sickness; migraines; or lactation; we recommend that you express support for the employee and ask what they need, perhaps using the same suggested question above.
   If an accommodation request is shared, communicate that information with Accessibility Services to begin an interactive process. Unlike the ADA, an employee does not have to show that a limitation meets a specific level of severity to be covered under the PWFA. Rather, the PWFA is intended to cover even uncomplicated and healthy pregnancies. The proposed rule says that a “limitation” means a modest, minor, or episodic impediment or problem.
4. Ohio University (and you as a manager) should not ask for supporting documentation when an employee shares an accommodation request under PWFA. This is a critical area of distinction between the PWFA and ADA. In the case of PWFA accommodation requests, documentation may be deemed necessary in rare instances but allow Accessibility Services to provide guidance if that occurs.
5. If you believe that an employee’s accommodation request would impose an undue hardship on your department and its essential functions, please contact Accessibility Services to discuss your concerns and navigate the interactive process with you.