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Quick Hits
- The EEOC released new guidance to assist healthcare providers in facilitating workplace accommodations for employees experiencing pregnancy- and childbirth-related conditions under the PWFA and encouraging healthcare providers to educate their patients on the PWFA.
- The guidance clarified that while employers can request supporting documentation for accommodations, such requests must be limited and relevant.
- The guidance warned employers of their ongoing obligations to keep medical information confidential.
The EEOC issued a technical assistance document titled “Helping Patients Deal with Pregnancy- and Childbirth- related Limitations and Restrictions at Work Under the PWFA.” The document addresses the role of healthcare providers in helping workers obtain accommodations under the PWFA, which took effect in June 2023 and requires employers to provide reasonable accommodations for the known physical and mental limitations related to pregnancy, childbirth, or related medical conditions.
The guidance highlights that under the PWFA, employers may, but are not required to, ask employees seeking an accommodation under the PWFA to provide supporting documentation from a healthcare provider in certain circumstances. According to the EEOC, the new guidance in the form of frequently asked questions (FAQs) is meant to give healthcare providers a resource for “the type of documentation that will most likely support [the] patient’s request.”
The guidance does not have the force of law but explains the EEOC’s interpretation of the PWFA and tracks the agency’s previous guidance. The guidance comes after the EEOC’s final rule implementing the PWFA took effect on June 18, 2024, and the EEOC has ramped up enforcement efforts.
Reasonable Accommodations
Employees are eligible for reasonable accommodations under the PWFA if they have a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that interfere with their work. These conditions can range from minor, modest, or episodic issues to more serious problems.
The EEOC explained that some patients may not know about the PWFA and that healthcare providers may tell their patients about the law and the ability to get accommodations from work, which may include a temporary suspension or excusal from essential job functions if the patient is unable to perform them due to a childbirth- or pregnancy-related condition.
Arising Out of Pregnancy, Childbirth, or Related Medical Condition
Notably, the guidance clarifies that healthcare providers determine whether an accommodation qualifies. The guidance states: “Whether in a specific situation something is a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions depends upon the specifics of your patient’s condition and your judgment and expertise as a health care provider.”
According to the guidance, the PWFA applies to a physical or mental condition that is “related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions” and does not need “to be the sole cause, major cause, or even substantial cause of the physical or mental condition.” (Emphasis in original). The EEOC further noted that the PWFA does not require the physical or mental condition or related medical condition to be within a certain time of the pregnancy or childbirth.
Supporting Documentation
If employers may request supporting documentation and they do so, the EEOC explained healthcare providers should:
- explain the healthcare provider’s 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 change at work, including the expected duration.
Further, the guidance stated that patients may need additional information or clarification from healthcare providers, such as a view on whether a proposed “alternative accommodation would be effective.”
Confidentiality and Disclosure
Employers generally cannot require specific forms for accommodations exclusively under the PWFA, unless the patient is also seeking an accommodation or protected leave under other laws, such as the FMLA or ADA. The guidance clarified that qualifying physical or mental conditions under the PWFA “can, but do not have to be, disabilities covered by the ADA or serious health conditions covered by the FMLA.” (Emphasis in original).
If an employer’s form does request more information than necessary, the EEOC said healthcare providers and their patients “can decide how best to respond to the employer.”
Additionally, the EEOC guidance warned that PWFA does not alter a healthcare provider’s legal or ethical obligations regarding the disclosure of employee information. Further, the guidance states, “[e]mployers are required to keep all medical information related to an accommodation request confidential.”
Key Takeaways
The guidance confirms that the PWFA is an area of focus for the EEOC. Employers’ ability to request supporting documentation or information about an employee’s request for an accommodation under the PWFA is limited and that employers have confidentiality obligations regarding employees’ medical information. Moreover, the guidance confirmed that despite similarities to the ADA and FMLA, accommodations requests under the PWFA differ from similar accommodations or leave requests under those laws, particularly with regard to documentation.
Employers may further want to note that the EEOC views an employee’s healthcare provider as central to determining whether a condition related to childbirth or pregnancy is covered under the PWFA and whether an employer’s alternative accommodations proposals will be effective.
Ogletree Deakins’ Leaves of Absence/Reasonable Accommodation Practice Group will continue to monitor developments and will provide updates on the Healthcare and Leaves of Absence blogs.
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