by On December 18, 2024, the Equal Employment Opportunity Commission (EEOC) published guidance clarifying how the agency expects healthcare providers to respond when asked for documentation to support workplace accommodations under the Pregnant Workers Fairness Act (PWFA). Using a FAQ format, the EEOC technical assistance guidance, titled Helping Patients Deal with Pregnancy-and-Childbirth-related Limitations and Restrictions at Work Under the PWFA, is directed to healthcare providers but provides valuable information for employers in understanding what information they can expect to get from providers. The guidance offers insights into how the EEOC interprets and enforces the law.
The PWFA requires employers to provide reasonable accommodations for covered employees for known physical and mental limitations related to pregnancy, childbirth, or related medical conditions. The law limits what supporting medical information the employer can request. An employee’s self-confirmation of their pregnancy or childbirth-related limitations is expected to be sufficient for the employer in many cases, particularly if the condition and limitations are obvious. Employers can only request documentation to confirm a physical or mental condition is related to pregnancy, childbirth, or related medical conditions and to understand the specific work adjustment required due to that condition.
Under the PWFA, employers are not required to ask employees seeking an accommodation to provide supporting documentation from a healthcare provider even when the law permits such inquiries. If the employer asks the employee for supporting documentation, the limitations on what kind of information may be requested differ from similar requests made under other laws, such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Among the EEOC interpretations covered by the guidance are notifications to healthcare providers that:
- Employers generally may not require that the healthcare provider complete specific forms for PWFA accommodation requests but may still require completion of FMLA forms if the patient is also seeking protected leave under the FMLA.
- If supporting documentation is requested, the healthcare provider may explain its qualifications, confirm the employee’s physical or mental condition, confirm that the condition is related to pregnancy, childbirth, or related medical conditions, and describe the needed adjustment or work-related change, including the expected duration.
- Whether a physical or mental condition is related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions depends on the specifics of the patient’s condition and the healthcare provider’s judgment and expertise.
The new guidance is the EEOC’s interpretation of PWFA requirements. It does not have the force of law, but explains how the EEOC will address issues raised in allegations of PWFA violations brought to the agency. Human resources team members charged with administering PWFA accommodation requests are encouraged to review the guidance. It is found on the EEOC website at https://www.eeoc.gov/laws/guidance/helping-patients-deal-pregnancy-and-childbirth-related-limitations-and-restrictions.
