Protecting Pregnant Workers Fairness Act -

Protecting Pregnant Workers Fairness Act

- Know Your Rights in the District of Columbia -

Accommodations for Pregnancy, Childbirth and Breastfeeding

The Protecting Pregnant Workers Fairness Act (PPW) requires District of Columbia employers to provide reasonable

workplace accommodations for employees whose ability to perform job duties is limited because of pregnancy, childbirth,

breastfeeding, or a related medical condition.

The employer must engage in good faith and in a timely and interactive process to determine the accommodations.

Types of Accommodations

ohr.dc.gov phone: (202) 727-4559 fax: (202) 727-9589 441 4th Street NW, Suite 570N, Washington, DC 20001

Filing a Complaint of a Violation

If you believe an employer has wrongfully denied you a reasonable accommodation or has discriminated

against you because of your pregnancy, childbirth, need to breastfeed or a related medical condition, you

can le a complaint within one year with the DC Ofce of Human Rights (OHR). To le a complaint, visit:

OHR will perform the initial mediation and investigation. If probable cause exists, administrative law judges

at the Commission on Human Rights will make a nal determination.

• Online at ohr.dc.gov; or

• In-Person at 441 4th Street NW, Suite 570N, Washington, DC 20001.

Employers must make all reasonable accommodations,* including but not limited to:

Prohibited Actions by Employers

• Refuse an accommodation unless it would cause signicant hardship or expense to the business;

• Take adverse action against an employee for requesting an accommodation;

• Deny employment opportunities to the employee because of the request or need for an accommodation;

• Require an employee to take leave if a reasonable accommodation can be provided; or

• Require employees to accept an accommodation unless it’s necessary for the employee to perform her job duties.

• More frequent or longer breaks;

• Time off to recover from

childbirth;

• Temporarily transferring the

employee to a less strenuous or

hazardous position;

• Purchasing or modifying work

equipment, such as chairs;

• Temporarily restructuring the

employee’s position to provide

light duty or a modied work

schedule;

• Having the employee refrain from

heavy lifting;

• Relocating the employee’s work

area; or

• Providing private (non-bathroom)

space for expressing breast milk.

Certication from Health Care Provider

The employer may require an employee to provide certication from a health care provider indicating a reasonable

accommodation is advisable. The certication must include: (1) the date the accommodation became or will become

medically advisable; (2) an explanation of the medical condition and need for a reasonable accommodation; and (3) the

probable length of time the accommodation should be provided.

* A “reasonable accommodation” is one that does not require signicant difculty in the operation of the employer’s business or

signicant expense for the employer, with consideration to factors such as the size of the business, its nancial resources and the

nature and structure of the business.

Employers may not:

REVISED 01/03/19