Employers in Louisiana and Texas often navigate the Pregnant Workers Fairness Act (PWFA) alongside longstanding federal protections under Title VII and the Americans with Disability Act (ADA). Understanding coverage thresholds, the meaning of “known limitations,” and how the interactive process works – plus state-specific requirements – can assist employers and HR leaders update policies, train supervisors, and reduce risk.
Federal Foundations: Title VII and ADA
Within employment law, federal anti-discrimination laws apply broadly, but thresholds vary. Employers with at least one employee are covered by equal pay obligations; those with 15-19 employees are covered by federal laws barring discrimination based on race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, disability, and genetic information. Employers with more than 20 employees are also covered by age discrimination (40+) protections.
Title VII and the ADA cover “all aspects of employment,” including hiring, pay, job assignments, promotions, training benefits, and termination. While pregnancy itself is not a disability under the ADA, pregnancy-related impairments may be disabilities, and related medical information must be kept confidential in separate medical files.
PWFA and Reasonable Accommodations for “Known Limitations”
Effective June 2023, the PWFA requires covered employers (15+ employees) to provide reasonable accommodations to qualified employees for “known limitations” related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless doing so causes an undue hardship. “Known limitations” include physical or mental conditions tied to pregnancy and childbirth, such as morning sickness, avoiding certain chemicals or heat exposure, limiting certain physical tasks, and time for pregnancy-related health appointments.
Process is key. Once an employee requests an accommodation, HR should engage promptly in the interactive process by communicating about any limitation(s) and the specific accommodation sought. It is crucial to document efforts to accommodate. Employees do not need to use special language to trigger this dialogue. Requests for documentation must be reasonable. Documentation should not be demanded where the limitation and need for an accommodation are obvious or already known to the employer.
Action Steps for Federal Compliance
- Train managers and supervisors to recognize accommodation requests, even informally, and respond consistently through the process. Document each step and evaluate undue hardship with facts, not assumptions.
- Be reasonable with documentation. Avoid unnecessary medical documentation where the limitation and need are obvious.
- Maintain confidentiality and separate medical files for pregnancy- or disability-related information, consistent with ADA standards.
- Reinforce anti-retaliation policies, which should make clear that requesting an accommodation will not result in adverse action. Title VII and the ADA prohibit retaliation, including for making an accommodation request.
Louisiana’s Pregnant Workers Fairness Act
Louisiana enacted its own Pregnant Workers Fairness Act (La. R.S. 23:342) in 2021. This statute applies to employers with more than 25 employees in the state for each working day in 20 or more weeks in the current or preceding year. The Louisiana PWFA makes it unlawful to fail or refuse reasonable accommodations for covered limitations unless such accommodations would impose an undue hardship on the business’ operations.
Concrete examples of reasonable accommodations in Louisiana include:
- Making facilities accessible by providing more frequent or longer compensated breaks and bathroom breaks, and providing a private space to express breast milk.
- Modifying food and drink policies.
- Allowing seating more frequently for standing roles.
- Limits on lifting and temporary transfer to less strenuous or hazardous vacant positions (if qualified).
- Adjusting work schedules.
The Louisiana PWFA also clarifies employer boundaries. Employers are not required to create new jobs or discharge other employees to accommodate, unless similar provisions are already made for other employees. It is unlawful to deny opportunities based on anticipated accommodations, force employees to accept unwanted accommodations, require leave when other accommodations would suffice, or take adverse action based on covered limitations.
Considerations for Texas Employers
Texas does not have State statute protecting pregnant workers. Texas employers should align policies, training, and documentation with the Federal PWFA, Title VII, and the ADA. Title VII prohibits harassment and discrimination based on sexual orientation and gender identity, and employers should ensure policies respect these protections. Multi-state employers operating in both Louisiana and Texas should harmonize federal practices across the enterprise and layer in Louisiana’s state-specific coverage threshold and enumerated accommodations for Louisiana locations.
Policy Update Checklist for HR and Legal Teams
- Update handbooks and policies to reflect PWFA requirements.
- Revisit job descriptions and essential functions. Accurate physical and operational requirements support defensible accommodation analyses, including whether transfer or light duty is available without creating new roles.
- Refresh manager training on the interactive process, documentation standards, and confidentiality for medical information.
- Reinforce anti-retaliation and ensure employees understand how to request accommodations, including informal requests.
The PWFA adds clear obligations on top of existing protections under Title VII and the ADA. By aligning policies to federal requirements, and state-specific statues where applicable, employers can reduce risk, strengthen employee trust, and ensure compliance across their workforces.
Disclaimer: This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between Galloway and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions.
