Recent enforcement activity by the Equal Employment Opportunity Commission is sending a clear message to employers: compliance with the Pregnant Workers Fairness Act (PWFA) is not optional or open to interpretation. Since the law took effect and the final rule was issued in 2024, the agency has actively pursued litigation against organizations that fail to meet their accommodation obligations. For HR professionals, these cases offer practical insight into where risk is highest and where processes must evolve.

At its core, the PWFA requires employers to provide reasonable accommodation for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so creates undue hardship. What recent enforcement trends make clear is that employers cannot rely on outdated practices or rigid policies when responding to these needs.

One of the most consistent themes in enforcement actions is the improper use of leave. The EEOC has challenged employers who default to placing employees on unpaid leave or light duty when other reasonable accommodations would allow them to continue working. HR teams should view leave as one option within a broader set of solutions, not the starting point.

The interactive process remains another critical area of focus. Employers are expected to engage in meaningful dialogue with employees to understand their limitations and explore appropriate accommodations. Simply assigning an alternative without discussion or ignoring a specific request can expose the organization to risk. Consistency and documentation are key.

Strict attendance policies have also come under scrutiny. Even policies that are applied uniformly can violate the law if they fail to account for pregnancy-related needs. HR leaders should ensure that managers understand when flexibility is required and how to respond appropriately to accommodation requests that involve time away from work.

In addition, the EEOC continues to emphasize the importance of providing basic, practical accommodations. These include allowing employees to sit, take breaks, access water, or pump breast milk. While these may seem straightforward, recent cases show that failure to provide even simple accommodations can result in significant liability.

Compliance with the PWFA demands well-trained managers, flexible processes, and a consistent approach to handling accommodation requests. Organizations that take a proactive, structured approach will be better positioned to reduce risk while supporting employees through critical life moments. 

Source: fisherphilips.com