In Case You Missed It:  The EEOC Released Information to Health Care Providers on the Pregnant Workers Fairness Act

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Patricia Tsipras

February 19, 2025

In December 2024, the U.S. Equal Employment Opportunity Commission released guidance for health care providers to help their patients obtain pregnancy and childbirth-related accommodations in the workplace under the Pregnant Workers Fairness Act (PWFA).

The PWFA is a federal law that requires employers to make reasonable accommodations to a qualified employee’s (or applicant’s) known physical or mental conditions related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.

Health care providers may play a key role in helping patients obtain accommodations at work.  First, the EEOC notes that some patients may not know about the PWFA.  Thus, health care providers can

• inform patients about the law;
• advise them that they may be able to get an accommodation (see question 4 of the EEOC guidance for conditions that may warrant a workplace accommodation);
• suggest appropriate potential accommodations (see question 5 of the EEOC guidance for some examples); and
• refer them to EEOC resources on the law (see the EEOC guidance for those resources).

Second, health care providers can provide documentation to support the accommodation request if the patient’s employer seeks such documentation (see question 6 of the EEOC guidance for the types of documents mostly likely to support a reasonable accommodation request).

The EEOC notes that, in addition to the PWFA, patients may have rights to accommodations or leaves of absence under other laws as well, including the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act (PDA), the Family and Medical Leave Act (FMLA), and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP).  Many states also have laws that protect workers affected by pregnancy, childbirth, or related medical conditions.

This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice.  Always consult an attorney with specific legal issues.