Best practices for handling workplace disputes include fostering clear communication, utilizing mediation to resolve conflicts, adhering to company policies, and ensuring compliance with relevant laws. By implementing these strategies, businesses can effectively manage disputes, minimize workplace disruptions, and maintain a positive work environment.

Understanding the Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act (PWFA) is a significant piece of legislation aimed at protecting the rights of pregnant employees and ensuring fair treatment in the workplace. Enacted to address gaps in existing laws, the PWFA requires covered employers to provide reasonable accommodations to employees and job applicants affected by pregnancy, childbirth, or related medical conditions, unless doing so would cause undue hardship to the employer.

Scope and Coverage of PWFA

The PWFA applies to private employers with 15 or more employees, as well as public sector employers, employment agencies, and labor organizations. This broad coverage ensures that a substantial portion of the workforce is protected under the act. Under the PWFA, employers are prohibited from discriminating against employees or job applicants based on pregnancy, childbirth, or related medical conditions. The act mandates that employers engage in an interactive process with affected employees to determine appropriate accommodations.

Reasonable Accommodations Under PWFA

Reasonable accommodations under the PWFA can include modifications to work schedules, temporary reassignments to less strenuous duties, provision of seating, and more frequent or longer breaks. The goal is to ensure that pregnant employees can continue to perform their job duties without compromising their health or the health of their pregnancy. For instance, an employee experiencing severe morning sickness may request a modified work schedule to start later in the day, or a cashier might need a stool to sit on during their shift to reduce physical strain.

Legal Obligations for Employers

Employers must carefully evaluate each accommodation request on a case-by-case basis. The PWFA requires employers to make accommodations unless it would result in significant difficulty or expense, known as “undue hardship.” Factors considered in determining undue hardship include the nature and cost of the accommodation, the overall financial resources of the employer, and the impact of the accommodation on the operation of the business. Employers are encouraged to document all interactions and decisions regarding accommodation requests to ensure compliance and provide evidence in case of disputes.

Enforcement and Compliance

The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the PWFA. Employees who believe their rights under the PWFA have been violated can file a complaint with the EEOC. Employers found to be in violation of the act may face legal consequences, including compensatory and punitive damages, as well as injunctive relief to prevent further violations.

Benefits of PWFA for Employers and Employees

The PWFA benefits both employers and employees by promoting a healthier, more inclusive work environment. For employers, complying with the PWFA can lead to increased employee satisfaction and retention, reduced absenteeism, and lower turnover rates. For employees, the PWFA provides the assurance that their health and well-being will be safeguarded during pregnancy and postpartum recovery, allowing them to remain productive and engaged in their roles.

Expectant Parents Who Are Not Pregnant or Married to a Pregnant Spouse – The Case of Tanner v. Stryker Corp.

The case of Tanner v. Stryker Corp. of Michigan, 104 F.4th 1278 (11th Cir. 2024), raises the question of what rights are afforded to expectant parents who are not pregnant nor married to a pregnant spouse.

Tristan Tanner, employed by Stryker in Florida, held a position requiring him to deliver surgical equipment to hospitals. When Tanner learned that his ex-girlfriend in Connecticut was pregnant and due in August 2021, he requested paternity leave. Stryker’s leave specialist informed him that he was eligible for FMLA leave starting on the child’s birth date, and any absence before that would require PTO or sick leave. Tanner requested leave starting July 26 but did not leave for Connecticut until August 8, after exhausting his PTO and sick leave. Following the birth of his child on August 19, Tanner was terminated for unexcused absences.

Tanner sued under the FMLA for interference and retaliation, but the trial court dismissed the case, and the U.S. Court of Appeals for the Eleventh Circuit upheld the dismissal. The court ruled that the FMLA does not provide pre-birth leave for expectant fathers who are neither pregnant nor married to a pregnant spouse. Tanner’s job-protected FMLA leave could only begin on the child’s birth date.

Legal Takeaways of Tanner v Stryker Corp.

The court’s decision highlights the limitations of FMLA for expectant parents who do not meet specific criteria. According to the U.S. Department of Labor, the FMLA provides pre-birth leave for spouses needing to care for their pregnant partner if they are incapacitated or require prenatal care. However, non-married expectant fathers like Tanner are only entitled to FMLA leave starting on the child’s birth date.

Employers must carefully analyze workplace issues involving pregnancy and the potential impact of the FMLA, PWFA, and other employment laws. The Tanner case underscores the importance of understanding these regulations to avoid legal pitfalls.

Why This Matters for Employers

Pregnancy-related employment issues are a priority for federal and state agencies, and non-compliance can lead to significant legal and financial repercussions. Employers must stay informed about the latest legal developments and ensure their policies align with federal and state laws.

The detailed analysis of Tanner v. Stryker Corp. provides valuable insights for employers nationwide, including those outside the Eleventh Circuit. While this specific case does not apply to employers in Nebraska and Iowa, it offers a persuasive interpretation of FMLA that could influence decisions in other jurisdictions.

Adding FMLA to the Discussion: Protections for Pregnant Workers

The Family and Medical Leave Act (FMLA) complements the Pregnant Workers Fairness Act (PWFA) by providing additional protections for pregnant employees. Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons, which include pregnancy and childbirth. This leave can be used before the birth of a child if the employee has a serious health condition related to the pregnancy or after the birth to care for the newborn.

How FMLA Protects Pregnant Workers

FMLA provides pregnant employees with the necessary time off to manage their health and prepare for childbirth without the fear of losing their job. This includes leave for prenatal care, pregnancy complications, and recovery from childbirth. Employees can also use FMLA leave intermittently, allowing them to take time off as needed rather than all at once, which can be particularly beneficial for managing medical appointments and any unforeseen pregnancy-related issues.

Under the FMLA, employers are required to maintain the employee’s health benefits during the leave period as if they were still working. Upon returning from FMLA leave, employees are entitled to be reinstated to their original job or an equivalent position with the same pay, benefits, and other terms and conditions of employment.

Comparison Grid: PWFA vs. FMLA

Aspect	PWFA	FMLA
Eligibility	Employers with 15+ employees, public sector, employment agencies, unions	Employers with 50+ employees within 75 miles, public sector
Coverage	Reasonable accommodations for pregnancy, childbirth, related conditions	Up to 12 weeks of unpaid, job-protected leave for pregnancy, childbirth, and family
Accommodations	Modifications to work duties, schedule changes, more frequent breaks	Leave for prenatal care, pregnancy complications, and recovery from childbirth
Job Protection	Yes, for accommodations unless undue hardship	Yes, job-protected leave with return to the same or equivalent position
Health Benefits	Not specified	Health benefits maintained during leave
Leave Type	Accommodations may be ongoing	Unpaid leave, can be intermittent
Enforcement	Equal Employment Opportunity Commission (EEOC)	U.S. Department of Labor (DOL)

How The Texas HR Outsourcing Firm, The Unit Consulting, Can Help

Navigating the complexities of PWFA and FMLA can be challenging for employers. At The Unit Consulting, we specialize in helping businesses understand and implement compliant HR practices. Our expert HR team provides tailored advice and solutions to ensure your workplace supports pregnant employees while adhering to legal requirements. Contact us today to learn how our comprehensive HR services can benefit your business and help you foster a supportive, compliant work environment.