The Equal Employment Opportunity Commission (EEOC) recently issued guidance to assist health care providers in addressing their patients’ needs for accommodation under the Pregnant Workers Fairness Act (PWFA). The PWFA requires employers with 15 or more employees to provide reasonable accommodations for employees with known limitations related to or arising out of pregnancy, childbirth and related medical conditions, unless the accommodation will cause the employer an undue hardship. The EEOC’s guidance is intended to aid health care providers in understanding the PWFA so that they can assist their patients in obtaining accommodations from their employers.
Key Takeaways
Guidance to Health Care Providers on Assisting Patients in Obtaining Reasonable Accommodations
In its guidance, the EEOC explains when an employee may qualify for a reasonable accommodation and what that constitutes. Specifically, the agency notes that a reasonable accommodation may be necessary if a patient has a physical or mental condition related to, affected by or arising from pregnancy, childbirth or related medical issues that interferes with their work or ability to perform their job.
The agency explains that such physical or mental conditions can include:
- Minor, modest or episodic issues, including those that arise during an uncomplicated pregnancy, such as nausea, edema, lifting restrictions, increased restroom needs, hydration needs, fatigue, anxiety and requirements related to nursing or pumping;
- More serious issues, like placenta previa;
- Needs related to maintaining the patient's health or the health of their pregnancy, including attending medical appointments;
- Needs aimed at alleviating increased pain or risk, such as avoiding extreme temperatures, certain chemicals or standing for extended periods; and
- Other conditions covered by the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA).
Importantly, the guidance confirms that a covered physical or mental health condition must be linked to, affected by or arise out of pregnancy, childbirth, or related medical conditions. However, it is not necessary for pregnancy, childbirth, or related medical conditions to be the sole cause, major cause or even a substantial cause of a covered condition.
The agency then explains that concept of a reasonable accommodation – which is a change in the work environment that enables an applicant or employee to apply for a job, perform their job or enjoy access to the same benefits and privileges of employment as other employees. In this regard, EEOC provides examples of acceptable accommodations under the PWFA, which can include:
- Additional, longer or more flexible breaks to drink water, eat, rest or use the restroom;
- Changing food or drink policies to allow for eating or drinking on the job;
- Accommodations related to nursing and/or pumping;
- Changing equipment, devices or workstations;
- Changing a uniform or dress code or providing new properly fitting safety equipment;
- Changing a work schedule, such as providing shorter hours, part-time work or a later start time;
- Changes to the work arrangement, such as via temporary reassignment or temporary remote work;
- Light duty or help with lifting or other manual labor; and
- Leave from work, which can be unpaid unless an employer’s policy provides otherwise.
Here, the EEOC emphasizes that there are no strict limits on the number of accommodations a patient can receive or the duration of any given accommodation.
Against this backdrop, the guidance outlines how health care providers can assist patients in obtaining reasonable accommodations under the PWFA. It suggests that providers can inform patients about the PWFA and offer resources that educate patients about their rights under the PWFA, including tips for requesting accommodations effectively.
Guidance on Documentation
The agency also offers recommendations for health care providers on how to support accommodation requests under the PWFA through documentation. According to the agency, documentation will likely support a request if it:
(1) properly explains the provider’s qualifications;
(2) confirms that the patient has a covered physical or mental health condition; and
(3) describes the adjustment or change needed at work, including the anticipated duration of the accommodation.
Importantly, the guidance confirms that an employer cannot require a specific documentation form be completed in evaluating an accommodation request, and further avers that, in most cases, supporting documentation will be unnecessary.
Duty of Confidentiality
The EEOC agency reiterates that the PWFA does not change health care providers’ ethical or legal obligations regarding the confidentiality of patient information and further affirms that employers remain obligated to maintain all employee medical information confidentially.
Conclusion
The EEOC’s guidance serves as a valuable resource for both health care providers and employers. For providers, it offers important context about the PWFA and how they can assist in responding to accommodation requests. For employers, the guidance clarifies their responsibilities under the PWFA and helps employers understand the EEOC’s position on administering the statute.
As always, employers should consult with counsel regarding more specific concerns related to resolving accommodation requests under the PWFA and related civil rights and leave laws.
Opinions and conclusions in this post are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. The author has provided the links referenced above for information purposes only and by doing so, does not adopt or incorporate the contents. Any federal tax advice provided in this communication is not intended or written by the author to be used, and cannot be used by the recipient, for the purpose of avoiding penalties which may be imposed on the recipient by the IRS. Please contact the author if you would like to receive written advice in a format which complies with IRS rules and may be relied upon to avoid penalties.
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