TL;DR, the Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2024; however, the EEOC released its final regulation on the law which go into effect on June 18, 2024. This new law is as if the FMLA and ADA had a baby. (What a great analogy considering the content of the new law!) School administrators, particularly business managers and principals, will need to be familiar with the legal requirements of the PWFA.
Essentially, school districts (who are considered covered entities under the law) will need to engage in an interactive process, very similar to the process utilized under the ADA, to determine reasonable accommodations which may be granted for conditions “related to, affected by, or arising out of pregnancy, childbirth, or a related medical condition.” Similar to the FMLA, a school district employee does not have to use specific words to request an accommodation and begin the interactive process. School administrators will need to be cognizant of buzzwords which may indicate the need for this process. For example, if a teacher tells her principal she is experiencing morning sickness every day during first period, the principal should begin the interactive process under the PWFA at that point.
A school district may deny a request for an accommodation if the accommodation causes an “undue hardship” which is defined as causing significant difficulty or expense. (Make sure you document any denial!) The EEOC gives a list of examples of reasonable accommodations such as: longer or more flexible breaks to eat and drink, providing a stool to sit on, changing uniform or dress code, changing a work schedule, telework, temporary suspension of one or more essential functions of the job, and leave for health care appointments. Additionally, there are a list of modifications which the EEOC has deemed to be reasonable in virtually all cases. Those accommodations include: allowing the employee to carry or keep water near and drink as needed, allowing the employee additional restroom breaks as needed, allowing the employee to sit or stand as needed, and allowing the employee eating and drinking breaks as needed.
Please note the PWFA does not replace any existing law, and schools must still comply with the requirements of the FMLA and ADA. From a practical standpoint, the PWFA gives more expansive rights to pregnant employees and those affected by pregnancy than the ADA or FMLA. While the FMLA provides job-protected leave, the PWFA is intended to provide on-the-job accommodations.
School administrators need to be familiar with this new law and begin implementation in June. As a reminder, your district should also have the most recent EECO poster displayed prominently in your schools. To assist administrators with compliance, we have created an interactive process template with notes, memorandum walking through the legal requirements, and related flowchart for purchase. If you are interested, shoot ksb@ksbschoollaw.com an email. Don’t hesitate to give us a call with questions regarding the PWFA at 402-804-8000.