There are many misconceptions and often confusion regarding the legal rights that churches and nonprofits hold. Understanding the benefits and requirements of the law will not only keep you out of hot water but also allow you to utilize the laws that help further your organization's mission and vision.
Rarely does anyone wake up desiring to violate an employment law. What unfortunately occurs is that, when people have a difficult employment situation, they feel like they are either in the right or they are unaware of the laws applicable to the situation. The law is very nuanced and having an attorney in your corner to help navigate situations is the best way to ensure that you and your organization comply. In this series, we will take a deeper look at employment laws.
Pregnant Workers Fairness Act
The PWFA requires covered employers (15 or more employees) to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation will cause the employer an “undue hardship.” An “undue hardship” is difficult to prove for employers and can be expensive to litigate.
The PWFA applies only to accommodations. Existing laws that the EEOC enforces make it illegal to fire or otherwise discriminate against workers on the basis of pregnancy, childbirth, or related medical conditions (FMLA).
“Reasonable accommodations” are changes to the work environment or processes. Examples of possible reasonable accommodations include closer parking; having flexible hours; receiving appropriately sized uniforms and safety apparel; receiving additional break time to use the bathroom, eat, and rest; taking leave or time off to recover from childbirth; and being excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.
The PWFA requires employers to reasonably accommodate “qualified employees.” This is a term from the ADA, but the PWFA includes a significant twist.
The PWFA has two definitions of “qualified.” The first definition tracks the ADA: “an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position” is qualified.
Under the second definition, however, even if an employee cannot perform one or more essential functions of their job, they are still qualified if: (1) the inability to perform an essential job function is for a temporary period; (2) the essential job function(s) could be performed in the near future; and (3) the inability to perform the essential function(s) can be reasonably accommodated.
PWFA - Implementation
The PWFA requires an “interactive process” throughout the accommodation request process. Churches and organizations get in trouble when they stop communicating or keeping written records with employees requesting accommodations.
What does an interactive process look like?
Recognize an accommodation request >> Gather information >> Explore accommodation options >> Choose an accommodation >> Implement the accommodation >> Monitor the accommodation
Following these steps allows for successful implementation and will help keep your nonprofit compliant with the interactive process requirements.
The Pregnant Workers Fairness Act covers accommodations for postpartum care as well. It is important to have a transition plan and work with the employee to ramp responsibilities back up.
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The information provided in this article does not, and is not intended to, constitute legal advice or investment advice; instead, all information, content, and materials available in this article are for general informational purposes only. Information contained in this article may not constitute the most up-to-date legal or other information. This article contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; the author does not recommend or endorse the contents of the third-party sites.
Readers of this article should contact their attorney to obtain advice with respect to any particular legal matter.
Anthony & Sparkman, PLLC is a law firm located in both Dallas/Fort Worth and Georgetown, Texas that provides legal counsel to both churches and nonprofits around the world. John Anthony & Michele Sparkman have spent over a decade providing general counsel to churches and nonprofits on issues ranging from incorporation, governance, employment, policies and procedures, taxes, succession planning, real estate development, and much more. For more information visit our website at www.thenonprofitteam.com.
