No Womb for Discrimination: the Pregnant Workers Fairness Act (PWFA) with Vianei Braun

Good Morning, HR

In episode 144, Coffey talks with Vianei Braun about employers' responsibilities and employees' rights under the Pregnant Workers Fairness Act.

Note: As predicted in the podcast (recorded on April 1st), the EEOC issued the final regulations implementing the PWFA on April 15th for official publication on April 19th. The final regulations can be found at https://www.federalregister.gov/public-inspection/2024-07527/implementation-of-the-pregnant-workers-fairness-act. (The final rule starts on page 272 of the PDF.) So far, we’ve noted no significant changes contradicting anything discussed during the podcast.

Coffey and Vianei discuss the gaps in existing law that necessitated the PWFA; the difference between accommodations provided by the Americans with Disabilities Act and the PWFA, including obligations employers may have to suspend essential functions of a job under the PWFA; actions employers need to take to ensure PWFA compliance; the federal court injunction against the enforcement of the PWFA against the State of Texas; the PWFA’s definition of “undue hardship”; how managers can navigate employees’ undisclosed pregnancies; how long pregnancy-related accommodations may be required; how long pregnancy-related accommodations may be required; the importance of HR’s inclusion in pregnancy-related accommodation documentation; when to involve a healthcare provider in reviewing documentation; and various kinds of PWFA accommodations employers may need to consider; and other challenges employers may face in implementing the PWFA.

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About our Guest:

Vianei Braun is a shareholder in Decker Jones, P.C. and heads their labor and employment law group. She has represented employers for more than 30 years and is a frequent author and speaker on employment law issues.

Vianei is also a member of the Board of Directors of First Financial Bankshares, Inc. (NASDAQ: FFIN) and serves on their compensation and risk committees.

Vianei appears on various law-related lists, including Best Lawyers in America and Super Lawyers. She has also been honored as a member of the “Fort Worth 400” by Fort Worth Inc. and as a “Great Woman of Texas” by the Fort Worth Business Press.

At the time of her graduation at age 19, Vianei was the youngest ever female graduate of Princeton University. She received her law degree from the University of Texas School of Law and is a proud Longhorn.

Vianei lives in Fort Worth with a pack of rescue Chihuahuas and with her husband Jason, an attorney in the enforcement division of the SEC.

Vianei Braun can be reached at: https://www.linkedin.com/in/vianeibraunattorney

About Mike Coffey:

Mike Coffey is an entrepreneur, human resources professional, licensed private investigator, and HR consultant.

In 1999, he founded Imperative, a background investigations firm helping risk-averse companies make well-informed decisions about the people they involve in their business.

Today, Imperative serves hundreds of businesses across the US and, through its PFC Caregiver & Household Screening brand, many more private estates, family offices, and personal service agencies.

Mike has been recognized as an Entrepreneur of Excellence and has twice been named HR Professional of the Year.

Additionally, Imperative has been named the Texas Association of Business’ small business of the year and is accredited by the Professional Background Screening Association.

Mike is a member of the Fort Worth chapter of the Entrepreneurs’ Organization and volunteers with the SHRM Texas State Council.

Mike maintains his certification as a Senior Professional in Human Resources (SPHR) through the HR Certification Institute. He is also a SHRM Senior Certified Professional (SHRM-SCP).

Mike lives in Fort Worth with his very patient wife. He practices yoga and maintains a keto diet, about both of which he will gladly tell you way more than you want to know.

Learning Objectives:

1. Understand the key provisions of the Pregnant Workers Fairness Act.

2. Differentiate between accommodations under the ADA and those required by the PWFA.

3. Evaluate strategies for employers to ensure compliance with the PWFA.