PWFA Terminology

The Pregnant Workers Fairness Act (PWFA) is a U.S. federal law that requires covered employers to provide reasonable accommodations to workers affected by pregnancy, childbirth, or related medical conditions, unless doing so would cause undue hardship.

The PWFA's reasonable accommodations can be temporary job changes needed to maintain a healthy pregnancy and, in some situations, to help an employee recover from or deal with post-pregnancy related medical conditions, again, unless doing so would impose an undue hardship.

The following is a glossary of terms for the Pregnant Workers Fairness Act (PWFA).

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• Americans With Disabilities Act (ADA)

  
  Civil rights law protecting individuals with disabilities from discrimination. The ADA impacts employment, public accommodations, state and local governments, telecommunications, and other aspects of American society.

• COBRA

  
  The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits the right to choose to continue group health benefits for limited periods of time under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events.

• Certified PWFA Administrator

  
  An HR professional who has completed the Pregnant Workers Fairness Act Training & Certification Program and passed the accompanying certification exam.

• Childbirth

  
  Labor and delivery, as well as immediate post-birth recovery.

• Conciliation

  
  An informal process of conference and persuasion. The process differs from a voluntary settlement between the employer and the charging party in that the EEOC is bound by law to initiate the process.

• Covered Employer

  
  An employer with 15 or more employees, including private employers, state and local governments, Congress, and federal agencies.

• Covered Employee / Applicant

  
  A current employee or job applicant who is affected by pregnancy, childbirth, or a related medical condition.

• Disability

  
  As defined under the ADA: a physical or mental impairment that substantially limits one or more of the major life activities; a record of such impairment, or; being regarded as having such impairment

• EEOC

  
  Equal Employment Opportunity Commission
  This federal agency enforces the PWFA and other civil rights statutes

• Employee's Representative

  
  Family member, friend, union representative, health care provider, or other representative of the employee, such as roommate

• Essential job functions

  
  The fundamental job duties of the position an individual holds or desires. This does not include marginal job functions

• Family and Medical Leave Act (FMLA)

  
  Applies to employers with 50 or more employees and provides up to 12/26 weeks of unpaid job-protected leave for employees that qualify for the leave. 29 U.S.C. ?2601, et seq

• In the near future

  
  Not indefinite. For pregnancy, 40 weeks (length of normal pregnancy); for other conditions, case-by-case analysis

• Interactive process

  
  Conversation, e-mail exchange, text messages, or other information exchange between the employer and the individual affected by pregnancy, childbirth, or related conditions about the worker's needs and possible reasonable accommodations

• Interim accommodation

  
  Temporary accommodation, used when there is a delay in providing the final reasonable accommodation because of emergency, while the interactive process is ongoing, or while awaiting delivery of ordered equipment

• Job restructuring

  
  The process of reallocating or redistributing the marginal, or non-essential, functions of the job that the employee is unable to do because of pregnancy, childbirth, or related conditions

• Known Limitation

  
  A worker's physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, that has been communicated to the employer, whether or not such condition meets the definition of disability specified in the Americans with Disabilities Act

• Mediation

  
  A form of alternative dispute resolution (an alternative to litigation) and is an informal process in which a trained mediator assists the parties in reaching a negotiated resolution of a charge of discrimination

• Medical examination

  
  A procedure or test that seeks information about an individual's physical or mental impairments or health

• Mitigating measures

  
  Those measures, such as prosthetic devices or drugs, used by an individual to mitigate the impact of the impairment

• PDA

  
  Pregnancy Discrimination Act. This law amended Title VII to prohibit sex discrimination based on pregnancy. P.L. 95-555, amending 42 U.S.C. ?2000e

• Physical or mental condition

  
  A "physical or mental condition" is an impediment or problem that may be modest, minor, and/or episodic. The physical or mental condition may be that an employee affected by pregnancy, childbirth, or related medical conditions has a need or a problem related to maintaining their health or the health of the pregnancy. The definition also includes when an employee is seeking health care related to pregnancy, childbirth, or a related medical condition itself

• Predictable Assessments

  
  Four simple workplace modifications for pregnancy that in virtually all cases, will not impose an undue hardship under PWFA.

• Pregnancy

  
  The state of being pregnant, including all stages of pregnancy

• Pregnancy, childbirth, or related medical conditions

  
  Current pregnancy; past pregnancy; potential or intended pregnancy

• PUMP Act

  
  Providing Urgent Maternal Protections for Nursing Mothers Act. This federal law guarantees reasonable unpaid breaks for lactation and a private sanitary place to do so.

• PWFA

  
  Pregnant Workers Fairness Act. This federal law requires employers to provide reasonable accommodations to known limitations of pregnancy, childbirth, and related conditions.

• Qualified employee

  
  Worker who, 1. with or without reasonable accommodation, can perform the essential functions of such position; or 2 cannot do one or more essential functions, but the inability to perform an essential function is temporary, the essential function could be performed in the near future, and the inability to perform the essential function can be reasonably accommodated

• Reasonable Accommodation

  
  Any change in the work environment or in the way things are done that enables a qualified employee affected by pregnancy, childbirth, or related conditions to perform job functions and enjoy equal employment opportunities and that does not cause an undue hardship for the employer

• Related medical conditions

  
  Medical conditions related to pregnancy or childbirth, including, but not limited to morning sickness, gestational diabetes, postpartum depression, lactation and pumping needs, miscarriage, stillbirth, or abortion, and recovery from childbirth or C-section

• Retaliation

  
  Any negative action taken against an employee for requesting or using a PWFA accommodation, participating in an investigation, or asserting PWFA rights

• Settlement

  
  A settlement is an agreement between the two parties that the issue has been resolved

• Temporary

  
  Inability to perform an essential function is for a limited time, not permanent, and may extend beyond "in the near future"

• Title VII of the Civil Rights Act

  
  Prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin.

• Undue hardship

  
  Significant difficulty or expense incurred implementing an accommodation focusing on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation. An employer is not required to implement an accommodation if it would cause an undue hardship

• Workers' Compensation

  
  State law that requires employers to provide income replacement and medical coverage for injuries or illness arising out of and in the course of employment. Workers' compensation statutes are generally considered "no-fault" and are typically the exclusive remedy for injured or ill workers.

For More Information About the PWFA:

For details and suggested training courses about the Pregnant Workers Fairness Act, go to https://hrtrainingcenter.com/pregnant-workers-fairness-act-training-and-certification-program-ot1006100.

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