Pregnant Workers Fairness Act Manual

Agenda

Overview Of The PWFA:

• Why The PWFA
• Facts, Statistics, And The Effective Date Of The PWFA
• Background Of The PWFA
• What Does The PWFA Do?
• Overview Of PFWA’s Requirements
• Overview Of PFWA’s Prohibitions
• PFWA Enforcement And Guidance Resources

Covered Employers:

• Employers Subject To The PWFA
• Definition Of Employer
• Exceptions
• Manager Training

Covered Individuals:

• Covered Individuals - General
• Covered Individuals - Overseas Employers
• Covered Individuals - Transgender And Nonbinary Workers
• Qualified Employees
• Essential Functions
• Determining Qualification
• Qualified Employee: Examples
• Determining "Qualified" For The Reasonable Accommodation Of Leave
• Qualified Employee - Temporary Suspension Of Essential Functions
• "Temporary" Suspension
• In the Near Future: Other Conditions
• In the Near Future: Other Conditions
• Temporary Suspension And Leave
• Temporary Suspension And Reasonable Accommodations

Basic Requirements:

• PWFA Basic Requirements
• PWFA Reasonable Accommodations
• PWFA Interactive Process
• PWFA Interactive Process - Steps
• Interim Accommodations
• PWFA Documentation Requests
• PWFA Documentation - Limits
• PWFA Documentation Requests – Who Can Provide
• PWFA Documentation Requests

Prohibitions:

• Unlawful Practices
• Medical Certification Requests
• No Forced Accommodations
• Failure To Reasonably Accommodate
• Unnecessary Delay Factors
• Denial Of Opportunities
• Mandatory Leave
• Retaliation
• Tracking And Reporting Requirements Under The PWFA
• Other Adverse Actions Prohibited

Known Limitations:

• Limitations
• Known Limitation
• Employee Representative
• Communicated To The Employer
• PWFA Limitation vs ADA Disability
• Pregnancy, Childbirth, Or Related Medical Conditions
• Spousal Rights
• Related To, Affected By, Or Arising Out Of
• Supporting Documentation

Reasonable Accommodations:

• Reasonable Accommodation Under the PWFA
• Reasonable Accommodation Categories
• Examples Of Reasonable Accommodations
• Reasonable Accommodations And Labor Unions
• Reasonable Accommodations - Predictable Assessments
• Temporary Suspension Of Essential Function
• Reasonable Accommodation Choices
• Reasonable Accommodation Choices – Employer Limitations
• Refusing A Reasonable Accommodation
• What If The Employee Does Not Like The Reasonable Accommodation?
• Failure To Reasonably Accommodate

The Interactive Process:

• Requesting Reasonable Accommodations
• Determining Reasonable Accommodations Needs
• The Interactive Process - Initial Requests
• The Interactive Process - After Notification
• Interruption Of The Interactive Process

Undue Hardship:

• Undue Hardship
• Undue Hardship - Review Options
• Undue Hardship - Temporary Suspension 0f Essential Function
• Undue Hardship - Consideration Of Prior Or Future Accommodations
• Undue Hardship And Safety
• Undue Hardship - Predictable Assessments

Integrating PWFA With FMLA, ADA, COBRA, And More:

• Interaction Of PWFA With Other Laws - Generally
• When PWFA And FMLA Occur Together
• Reasonable Accommodation And FMLA Leave
• PWFA And FMLA Documentation
• At The End Of 12 Weeks Of FMLA
• The PWFA And The Pregnancy Discrimination Act
• PWFA And The PUMP Act
• The PWFA And The ADA
• PWFA And The ADA - Documentation
• PWFA And COBRA
• Workers' Compensation
• Relationship To State Laws

PWFA Enforcement:

• Equal Employment Opportunity Commission
• EEOC Complaint Process
• EEOC PWFA Investigation Process
• Preparing For An EEOC PWFA Investigation
• EEOC Determination
• Settling PWFA Disputes
• Mediation
• Settlement
• Conciliation
• EEOC Penalties
• EEOC - Retaliation
• Required Postings

Documentation:

• Overview Of The PWFA Documentation Rules
• PWFA Documentation - Confidentiality
• Documentation - Reasonable
• Documentation - Not Reasonable
• Documentation - Not Reasonable - Obvious
• Documentation - Not Reasonable - Known
• Documentation - Not Reasonable - Predictable Assessments
• Documentation - Not Reasonable - Lactation
• Documentation - Not Reasonable - Employer’s Own Policies Or Practices
• Self-Confirmation Of Pregnancy Or Lactation
• Recordkeeping Requirements

Employer Questions And Action Items:

• Coverage Issues
• Reasonable Accommodation Requests
• Types Of PWFA Reasonable Accommodations
• Undue Hardship
• PWFA Documentation
• No Discrimination, Harassment, Retaliation Or Coercion
• PWFA And Other Laws
• PWFA Enforcement And Compliance
• PWFA Policy
• Sample PWFA Policy