Pregnant Workers Fairness Act

To request an accommodation under the Pregnant Workers Fairness Act (PWFA), please contact the Human Resources Benefits Team at hr@uwf.edu or 850.474.2694.

What is the Pregnant Workers Fairness Act?

The Pregnant Workers Fairness Act (PWFA) is a federal law that requires covered employers to provide “reasonable accommodations” to a qualified worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” An undue hardship is defined as causing significant difficulty or expense.

The PWFA applies only to accommodations. Existing laws that the EEOC enforces make it illegal to fire or otherwise discriminate against workers on the basis of pregnancy, childbirth, or related medical conditions.

The PWFA does not replace federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions.

Who is covered?

Employees and applicants who have known limitations that relate to, are affected by, or arise out of their own current pregnancy, past pregnancy, potential or intended pregnancy, labor, or childbirth.

What are some possible accommodations for pregnant workers?

“Reasonable accommodations” are changes to the work environment or the way things are usually done at work.

Some examples of possible reasonable accommodations include the ability to sit or drink water; receive closer parking; have flexible hours; receive appropriately sized uniforms and safety apparel; receive additional break time to use the bathroom, eat, and rest; take leave or time off to recover from childbirth; and be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy. Employers are required to provide reasonable accommodations unless they would cause an “undue hardship” on the employer’s operations. An “undue hardship” is significant difficulty or expense for the employer.

How to Request Accommodations

Contact the Human Resources Benefits Team at hr@uwf.edu or 850.474.2694 or submit the following form to Human Resources: PWFA Request for Reasonable Accommodation Request Form.

Reasonable Accommodation Process

• Employees requesting accommodations related to pregnancy, childbirth, or related medical conditions should contact the Human Resources Benefits Team directly.
• Upon receiving a request for PWFA accommodations, Human Resources will engage in the interactive discussion process with the employee and supervisor.
• While in many cases, documentation from a healthcare provider may not be required, input from a professional can be provided by the employee if desired. For example, a doctor may recommend a certain accommodation or series of accommodations.
• A meeting may be scheduled to review and discuss possible accommodations. The employee and supervisor will be asked to provide input.
• The supervisor will review and discuss the possible accommodations with Human Resources and any appropriate supervisory authorities to make a final decision as to the accommodation.
• Once the accommodation is in place, Human Resources will review with the employee. The supervisor, with input from the employee, will monitor the effectiveness of the accommodation. If further assistance is needed regarding the reasonable accommodation, the employee may contact the Human Resources Benefits Team at 850.474.2694.

What other federal laws may apply to pregnant workers?

Other laws that apply to workers affected by pregnancy, childbirth, or related medical conditions, include:

• Title VII (enforced by the EEOC), which:
  • Protects an employee from discrimination based on pregnancy, childbirth, or related medical conditions; and
  • Requires covered employers to treat a worker affected by pregnancy, childbirth, or related medical conditions the same as other workers similar in their ability or inability to work.
• The ADA (enforced by the EEOC), which:
  • Protects an employee from discrimination based on disability; and
  • Requires covered employers to provide reasonable accommodations to a person with a disability if the reasonable accommodation would not cause an undue hardship for the employer.
  • While pregnancy is not a disability under the ADA, some pregnancy-related conditions may be disabilities under the law.
• The Family and Medical Leave Act of 1993 (enforced by the U.S. Department of Labor), which provides covered employees with unpaid, job-protected leave for certain family and medical reasons.
• The PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers Act) (enforced by the U.S. Department of Labor), which broadens workplace protections for employees to express breast milk at work.

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Lactation Room Available in the John C. Pace Library

In an effort to support nursing mothers, UWF offers an area for individuals needing a private place to express breast milk. The John C. Pace Library provides a private room on the third floor for all faculty, staff, and students. The key to the room can be checked out at the circulation desk with a Nautilus Card. You may call the circulation desk at 850.474.2414 to verify it is available before arriving. Though the key may be checked out for up to two hours, patrons are asked to return it when they have finished using the lactation room so that others may access this space.

If you are dissatisfied with a decision or feel you have been treated unfairly regarding your request for reasonable accommodation, please refer to the University Policy P-13.08-3/17 Prohibition of Discrimination, Harassment, and Retaliation. Any questions regarding your rights should be directed to the Equal Opportunity Coordinator at 850.474.2694.