Attention District of Columbia employers – DC has finally released the Protecting Pregnant Workers Fairness Act(PPWFA) mandatory workplace posting. The PPWFA requires employers to provide reasonable workplace accommodations for employees whose ability to perform the functions of a job is limited by pregnancy, childbirth, breastfeeding or a related medical condition, unless the accommodation would cause the employer undue hardship. The PPWFA was effective March 3, 2015.
Accommodation Requirements
The PPWFA suggests several reasonable accommodations that can be made for covered conditions including:
- More frequent or longer breaks
- Time off to recover from childbirth
- The acquisition or modification of equipment or seating
- Temporary transfer to a less strenuous or hazardous position or other job restructuring, such as providing light duty or a modified work schedule
- Allowing the employee to refrain from heavy lifting
- Relocating the employee’s work area
- Providing a private non-bathroom space for expressing breast milk
Prohibited Conduct
In addition to requiring reasonable accommodations, the law also prohibits an employer from taking adverse action against an employee who requests or uses a reasonable accommodation, denying employment opportunities to an employee or applicant based on the need to make reasonable accommodations, or requiring an employee to accept an accommodation or take leave.
Certification and Notice Requirements
Employers may require employees to provide a certification from their health care provider regarding the medical advisability of a particular reasonable accommodation. The law also requires an employer to post and maintain in a conspicuous place a notice of rights under the PPWFA. An employer must also provide a written notice of rights to:
- New employees at the commencement of employment;
- Existing employees within 120 days after the effective date of the PPWFA (July 1)
- An employee who notifies the employer of her pregnancy or other covered condition, within 10 days of the notification.
The notice must be posted in English and Spanish and employers must provide an accurate written translation of the notice to any non-English or non-Spanish speaking employees. An employer who fails to post the notice of rights may be assessed a civil penalty up to $50 per day up to $250.
Enforcement
The law allows an employee to file an action against an employer in civil court or file a complaint with the Office of Human Rights (OHR) or the Department of Employment Services (DOES) for a violation of their rights. Employers that violate the law face civil damages and administrative penalties.
The District of Columbia joins twelve other states that have enacted laws requiring employers to accommodate limitations associated with pregnancy. Local law may require similar protections.