Pregnant Workers Fairness Act (PWFA)
Legislation
The Pregnant Workers Fairness Act (PWFA) is a recent federal law that has been implemented to provide protections for pregnant workers. Neither law preempts any state or local law that provides more generous protections, and Illinois law already offers protections (and, in some cases, greater protections) for pregnant and postpartum employees through the Illinois Human Rights Act (IHRA) and the Illinois Nursing Mothers in the Workplace Act.
Pregnant Workers Fairness Act (PWFA)
The PWFA guarantees workers the right to receive reasonable accommodations for temporary limitations due to pregnancy, childbirth, and related medical conditions except for requests posing undue hardship to the employer.
For Pregnant Employees
In light of the recent enactment of new federal laws, and to best address potential inquiries regarding their implications and the corresponding provisions available to Northwestern University's pregnant and postpartum employees, please review and consider the following key insights
- It is illegal to discriminate against or harass an employee based on that person’s current pregnancy, past pregnancy, potential or intended pregnancy, and medical conditions related to pregnancy or childbirth, including pre-eclampsia, gestational diabetes, post-partum depression, ectopic pregnancy, miscarriage, lactation, and breastfeeding.
- Faculty and staff (including part-time, temporary, and seasonal workers as well as job applicants) who want to request a reasonable accommodation related to pregnancy, childbirth, or a related condition, should contact the Office of Civil Rights and Title IX Compliance (OCR) at OCR@nortwestern.eduor 847-467-6165. They will also need to complete the Reasonable Accommodation Request Form.
- An employee does not have to have a disability to qualify for an accommodation.
- Documentation from a medical professional may be requested for some of these accommodations and for other requests, according to the policy. Requests for reasonable accommodations will be fulfilled absent any “undue hardship” for the University.
- The employee’s supervisor will be informed of the accommodation request and will be engaged in an interactive process to discuss effective work accommodations, the essential functions of the position, and the department’s operational needs. Although the employee provides input as part of the accommodation process, OCR will determine what constitutes a reasonable accommodation on a case-by-case basis. Note that pregnant employees must be provided with reasonable accommodations even if they cannot perform all essential functions of the job, as long as their inability to perform those essential functions is temporary.