This article by my colleague Rebecca Stephens highlights the important ways in which the federal Pregnant Workers Fairness Act (PWFA) creates more stringent requirements that employers need to follow to accommodate an employee's or applicant’s pregnancy-related limitations. 

Often, California employers are able to assume that California employment laws are more stringent (and employee-protective) than federal law, but the PWFA is an exception.  As Rebecca explains in the article, the EEOC’s implementing regulations explain that the definition of “limitation” will be construed more broadly than the definition of “disability” under the ADA or FEHA and may include “modest, minor, and/or episodic impediment[s] or problem[s].” 

Additionally, the PWFA’s protections extend to individuals who are unable to perform their position’s essential job functions—another key distinction from state law. And, because it may be difficult for pregnant workers to obtain medical appointments and supporting documentation early in their pregnancies or on short notice, the PWFA regulations only allow employers to request medical documentation if it is “reasonable” to do so under the circumstances. 

In light of these important changes, California employers should review and update their pregnancy accommodation and leave policies to clarify that (1) pregnancy-related “limitations” (not just disabilities) will be accommodated; (2) accommodations may include temporary suspension of essential job functions; and (3) medical documentation is only sought for pregnancy-related requests when it would be “reasonable” to do so.  Human Resources employees and managers involved in reviewing and assessing pregnancy-related accommodation requests should receive training on these new requirements and any associated changes to their organization's policies.