Recognizing that healthcare providers often play a key role in the reasonable accommodation process, the United States Equal Employment Opportunity Commission (“EEOC”) issued guidance on December 18, 2024, explaining how healthcare providers can help patients obtain an accommodation under the Pregnant Workers Fairness Act (“PWFA”). The guidance, “Helping Patients Deal with Pregnancy – and Childbirth – related Limitations and Restrictions at Work Under the Pregnant Workers Fairness Act,” outlines ways providers can inform their patients about the PWFA, suggest appropriate potential accommodations, and provide effective supporting medical documentation.
Patients may be eligible for a reasonable accommodation under the PWFA when they have a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that interferes with their work. The guidance explains that PWFA-covered conditions may be minor, modest, or episodic, including those that arise during an uncomplicated pregnancy, or more serious problems, such as those that are also covered by the Americans with Disabilities Act and/or the Family and Medical Leave Act. Importantly, pregnancy, childbirth, or related medical conditions do not have to be the sole cause, major cause, or even a substantial cause of the physical or mental condition to be covered by the PWFA.
The guidance further clarifies that employers may, but are not required to, seek supporting documentation from healthcare providers, depending on the circumstances. Medical documentation is most likely to support a patient’s accommodation request if it includes (i) an explanation of the provider’s professional qualifications; (ii) confirmation that the patient has a physical or mental condition (note, a diagnosis is not required; rather, a simple statement of the patient’s condition is sufficient); (iii) confirmation that the condition is related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions; and (iv) a description of the adjustment or change that is needed at work due to the limitation and the expected duration of the accommodation. The guidance also includes examples of possible accommodations and links to external resources.
Employers are well-advised to review this guidance before seeking medical documentation from an employee’s healthcare provider related to a PWFA accommodation. Additional information about the PWFA can be found here and here.