Pregnant Workers Fairness Act (PWFA) Final Rule

Legal Alert
from Attorney Bob

Image Source: US Equal Employment Opportunity Commission

Dear WHLA Members,
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On Monday, the U.S. Equal Employment Opportunity Commission (EEOC) finalized regulations under the Pregnant Workers Fairness Act (PWFA), a critical update aimed at promoting workplace fairness for pregnant workers. Here's what you need to know to comply effectively within the hospitality sector.

​Understanding the PWFA: Key Requirements and Best Practices

• Reasonable Accommodation: Employers are required to provide reasonable accommodations for employees affected by pregnancy, childbirth, or related medical conditions unless it would cause undue hardship on the business.
  
  
• Examples of Accommodations:
  • Lighter duties
  • Modified work schedules
  • Breaks for water and restroom use
  • Ergonomic furniture
  • Temporary transfers to less strenuous positions
    
    
• Interactive Process: Engage in a timely, good faith dialogue with the employee to determine appropriate accommodations.
  
  
• Medical Documentation: You may reasonably request medical documentation to support the need for accommodations in limited circumstances.
  
  
• Employment Protection:
  • Pregnant employees cannot be forced to take leave if a reasonable accommodation can be provided.
  • They must be allowed to return to their original job post-accommodation.
    
    
• Prohibited Actions:
  • Discrimination based on pregnancy-related conditions.
  • Requiring employees to take leave if another reasonable accommodation can be arranged.
  • Denying employment opportunities based on the need to make accommodations.
    
    
• Confidentiality: Maintain confidentiality regarding medical information and accommodation requests.

Special Offer from NextGen Legal

To support compliance with the PWFA, and thank you for reading until the end 🙂, NextGen Legal will draft or update your PWFA policy free of charge! Contact us to take advantage of this opportunity. NextGen Legal subscribers have already received their custom PWFA policy as part of our proactive legal support.

We encourage all our members to proactively address these requirements to ensure a supportive and inclusive work environment. For detailed guidance or questions regarding PWFA compliance and training requirements, feel free to reach out to our team.

Warm regards,

Bob Sanders

Note: This alert is not legal advice. It provides an overview of the law’s key components, but there are other nuanced areas of the law that may apply to your business. For more detailed information, visit the EEOC's guide on the PWFA here.

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About Attorney Bob

Bob Sanders is an Attorney and the founder of NextGen Legal. After spending over a decade in BigLaw, working with clients of all sizes across the US, he became acutely aware of the recurring barriers that deterred businesses from seeking proactive legal advice: shrinking legal budgets competing with escalating fees. This realization spurred Bob to create NextGen Legal, a firm designed to eliminate these barriers and provide clients with the high-quality legal advice they need, exactly when they need it.

At NextGen Legal, we're transforming the traditional law firm model. Bob’s extensive experience in labor and employment law has been instrumental in shaping a service that offers both day-to-day legal counsel and rapid response for emergent issues. We strive to empower our clients with the knowledge and strategies necessary to navigate the legal landscape effectively and make confident employment decisions, without the fear of unexpected costs.
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Rated a Rising Star by SuperLawyers (an accolade reserved for only 2.5% of attorneys in Wisconsin), Bob provides strategic legal advice and counsel to companies of all sizes, helping business leaders make confident, informed decisions. His expertise spans employment law, regulatory compliance, litigation, safety, corporate strategy, and risk mitigation. Bob excels in transforming complex legal challenges into clear, actionable business solutions, offering strategic guidance to leadership teams.

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