Nevada Pregnancy Accommodation Laws
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- Nevada Pregnancy Accommodation Laws
Nevada employers have important responsibilities when an employee or applicant needs a workplace accommodation related to pregnancy, childbirth, or a related medical condition.
Employers with 15 or more employees may be covered by both the federal Pregnant Workers Fairness Act (PWFA) and Nevada’s Pregnant Workers’ Fairness Act. These laws require covered employers to consider and provide reasonable accommodations for qualifying pregnancy-related limitations unless doing so would impose an undue hardship.
Nevada employers need to understand both laws because federal requirements do not replace Nevada protections that may provide additional rights to employees.
Nevada Association of Employers (NAE) helps businesses understand pregnancy accommodation requirements and develop compliant procedures for handling employee requests.
What Is the Pregnant Workers Fairness Act?
The federal Pregnant Workers Fairness Act, commonly called the PWFA, requires covered employers to provide reasonable accommodations to qualified employees and applicants with known limitations related to pregnancy, childbirth, or related medical conditions unless providing the accommodation would cause an undue hardship.
The federal PWFA applies to private and public-sector employers with 15 or more employees, as well as other covered entities.
The law took effect on June 27, 2023, and the Equal Employment Opportunity Commission’s final regulations implementing the PWFA became effective in 2024.
The federal law significantly expanded workplace protections by making reasonable accommodation a specific requirement for qualifying pregnancy-related limitations.
What Is the Nevada Pregnant Workers’ Fairness Act?
Nevada already had pregnancy accommodation protections before the federal PWFA took effect.
The Nevada Pregnant Workers’ Fairness Act generally applies to employers with 15 or more employees.
Nevada law prohibits covered employers from engaging in certain discriminatory employment practices related to pregnancy, childbirth, and related medical conditions.
Employers must provide reasonable accommodations to qualifying employees and applicants when required unless the accommodation would impose an undue hardship on the employer.
Because Nevada employers may be subject to both state and federal requirements, HR professionals should evaluate accommodation requests under both laws rather than assuming compliance with one automatically satisfies the other.
Some Pregnancy Accommodations Should Be Particularly Straightforward
Under the federal PWFA regulations, certain common workplace modifications are identified as accommodations that will generally be reasonable and should not normally impose an undue hardship.
These include allowing an employee to:
- Carry or keep water nearby and drink as needed
- Take additional restroom breaks
- Sit when work requires standing or stand when work requires sitting
- Take breaks to eat and drink as needed
Employers should generally be able to process these simple requests quickly rather than creating an unnecessarily burdensome approval process.
What Pregnancy Conditions May Require an Accommodation?
Pregnancy accommodation protections are not limited to employees who are currently pregnant.
Under applicable federal law, pregnancy, childbirth, and related medical conditions can encompass a broad range of circumstances.
Depending on the individual situation, limitations may relate to matters such as:
- Pregnancy
- Childbirth
- Recovery from childbirth
- Lactation
- Morning sickness
- Pregnancy-related fatigue
- Gestational diabetes
- Preeclampsia
- Pregnancy loss
- Fertility treatment
- Postpartum conditions
- Other medical conditions related to pregnancy or childbirth
Employers should avoid making their own medical assumptions about whether a condition is sufficiently related to pregnancy.
When an employee communicates a workplace limitation related to pregnancy, childbirth, or a related medical condition, HR should determine whether the accommodation process needs to begin.
What Is a Reasonable Pregnancy Accommodation?
A reasonable accommodation is generally a change to the work environment or the way work is ordinarily performed that enables an employee or applicant with a qualifying limitation to participate in the workplace or application process.
Depending on the circumstances, pregnancy accommodations may include:
- Allowing an employee to sit
- Allowing an employee to stand as needed
- Providing additional water breaks
- Allowing food or beverages at a workstation
- Providing additional restroom breaks
- Providing additional rest breaks
- Modifying a work schedule
- Providing flexible hours
- Changing start or end times
- Providing closer parking
- Modifying uniforms or safety equipment
- Temporarily modifying certain job duties
- Excusing an employee from certain strenuous activities
- Temporarily limiting heavy lifting
- Reducing exposure to potentially unsafe substances
- Providing leave for medical appointments
- Providing leave to recover from childbirth
- Providing other reasonable workplace modifications
The appropriate accommodation depends on the employee’s limitation and the workplace circumstances.
Some Pregnancy Accommodations Should Be Particularly Straightforward
Under the federal PWFA regulations, certain common workplace modifications are identified as accommodations that will generally be reasonable and should not normally impose an undue hardship.
These include allowing an employee to:
- Carry or keep water nearby and drink as needed
- Take additional restroom breaks
- Sit when work requires standing or stand when work requires sitting
- Take breaks to eat and drink as needed
Employers should generally be able to process these simple requests quickly rather than creating an unnecessarily burdensome approval process.
Does the Employee Have to Say “Reasonable Accommodation”?
No. Employees do not need to use specific legal terminology to communicate a pregnancy-related accommodation need.
An employee might simply tell a supervisor: “I need to sit down more often because of my pregnancy.” “I need more bathroom breaks.” “My doctor doesn’t want me lifting this much while I’m pregnant.” “I need time off for prenatal appointments.”
Statements like these may be enough to put the employer on notice that an accommodation may be needed.
Managers should therefore be trained to recognize potential accommodation requests and refer them to HR instead of waiting for an employee to formally request a “PWFA accommodation.”
The Interactive Process
When an accommodation need is communicated, the employer and employee may need to discuss what workplace change would address the limitation.
This is often referred to as the interactive process. The conversation may involve:
- Identifying the employee’s known limitation
- Understanding how it affects the employee at work
- Identifying the accommodation requested
- Considering other effective accommodations when appropriate
- Determining whether an accommodation would create an undue hardship
- Implementing an effective accommodation
- Revisiting the accommodation if circumstances change
Employers should approach the process promptly. Unnecessary delays can create compliance problems even when the employer eventually provides an accommodation.
Can Employers Require Medical Documentation?
Employers should not automatically require a doctor’s note for every pregnancy accommodation request.
Under the federal PWFA, there are circumstances in which requesting supporting documentation is not reasonable.
For example, documentation generally should not be required when the limitation and need for an accommodation are obvious or when the employee requests certain straightforward workplace modifications.
Federal rules also restrict documentation requests in other circumstances.
When documentation may reasonably be requested, employers should limit the request to information necessary to confirm the qualifying limitation and the need for an adjustment or change at work.
Employers should avoid requesting unnecessary medical records.
Can an Employer Force a Pregnant Employee to Take Leave?
Generally, an employer should not force an employee to take leave when another reasonable accommodation would allow the employee to continue working.
Both Nevada and federal pregnancy accommodation protections restrict employers from forcing employees out of the workplace when an effective reasonable accommodation is available.
This is an important issue for supervisors.
A manager may believe that telling a pregnant employee to “stay home until you feel better” is helpful. However, forcing an employee onto leave rather than considering a reasonable accommodation can create a compliance problem.
Leave may itself be a reasonable accommodation in appropriate circumstances, but it should not automatically replace another effective accommodation that would allow the employee to continue working.
Can an Employer Require a Pregnancy Accommodation?
Nevada employers should also be cautious about imposing accommodations an employee did not request or want.
Under Nevada law, covered employers are prohibited from requiring an employee or applicant to accept an accommodation that the individual did not request or chooses not to accept.
The federal PWFA also restricts employers from requiring an employee to accept an accommodation without the required exchange regarding the accommodation.
Nevada employers should therefore avoid making paternalistic assumptions about what pregnant employees can or cannot do.
For example, a supervisor should not independently decide that an employee can no longer perform a particular duty simply because the supervisor believes it may be difficult during pregnancy.
What Is an Undue Hardship?
Employers are not required to provide an accommodation when doing so would impose an undue hardship under the applicable law.
However, inconvenience alone does not necessarily establish an undue hardship. The analysis can involve factors such as:
- The nature of the accommodation
- The cost involved
- The employer’s financial resources
- The size and structure of the organization
- The effect of the accommodation on business operations
- The duration of the accommodation
- Whether another effective accommodation is available
Employers should evaluate the actual circumstances instead of assuming an accommodation is too difficult or expensive.
Before denying an accommodation based on undue hardship, employers should consider whether another effective accommodation is available.
Can Essential Job Functions Be Temporarily Suspended?
One important aspect of the federal PWFA is that an employee may still qualify for protection in certain circumstances even when the employee temporarily cannot perform one or more essential functions of the position.
Under the federal law, temporarily suspending an essential job function can potentially be a reasonable accommodation when the statutory and regulatory requirements are met.
This differs in important ways from how employers may be accustomed to analyzing accommodations solely under the Americans with Disabilities Act.
Employers should therefore avoid automatically concluding that an employee is unqualified simply because a pregnancy-related limitation temporarily prevents performance of an essential function.
Pregnancy Accommodation vs. Disability Accommodation
The federal PWFA and Nevada pregnancy accommodation law should not be confused with the Americans with Disabilities Act.
An employee does not necessarily need to have a disability under the ADA to qualify for a reasonable accommodation under the PWFA.
Pregnancy itself is not automatically considered a disability under the ADA, although certain pregnancy-related medical conditions may qualify as disabilities.
Depending on the circumstances, a pregnant employee could have rights under:
- The federal PWFA
- Nevada’s Pregnant Workers’ Fairness Act
- The Americans with Disabilities Act
- Title VII and the Pregnancy Discrimination Act
- The Family and Medical Leave Act
- Nevada leave requirements
- Other federal or Nevada employment laws
HR professionals should consider which laws apply, rather than analyzing every pregnancy-related request solely under the ADA.
Pregnancy Discrimination Is Prohibited
Reasonable accommodation is only one part of pregnancy-related employment compliance.
Employers also must avoid unlawful discrimination because of pregnancy, childbirth, or related medical conditions.
Employers should not make employment decisions based on assumptions such as:
- A pregnant employee will be less committed to work
- An employee will not want a promotion because she is pregnant
- A pregnant applicant will soon need too much time away
- A new mother will not want to travel
- Certain work is automatically too dangerous for a pregnant employee
- An employee who requests an accommodation is unreliable
Employment decisions should be based on legitimate business factors, not stereotypes or assumptions about pregnancy or parenthood.
Pregnancy Accommodation During Hiring
Pregnancy protections can also apply to job applicants. Covered employers should not deny an employment opportunity because an applicant requires a reasonable accommodation related to pregnancy, childbirth, or a related medical condition when the accommodation is required by applicable law. Hiring managers should avoid inappropriate questions about:
- Whether an applicant is pregnant
- Whether the applicant plans to become pregnant
- Childcare arrangements
- Plans to have children
- Whether pregnancy will interfere with work
- Future maternity leave plans
Interview questions should focus on the applicant’s ability to perform the job and legitimate job-related requirements.
Retaliation Is Prohibited
Employees should not be punished for requesting or using a legally protected pregnancy accommodation.
Nevada law prohibits certain adverse actions against employees because they request or use reasonable accommodations related to pregnancy, childbirth, or related medical conditions.
The federal PWFA also contains anti-retaliation and anti-interference protections.
Employers should be particularly cautious when making disciplinary, scheduling, promotion, or termination decisions involving an employee who recently requested an accommodation.
A legitimate employment decision can still be made when appropriate, but the employer should be able to clearly document the nondiscriminatory and nonretaliatory reason for the decision.
Create a Pregnancy Accommodation Procedure
Managers should not be expected to interpret Nevada and federal pregnancy accommodation laws on their own.
Employers should establish a process explaining what happens when an employee requests an accommodation.
A pregnancy accommodation procedure should address:
- How employees can request accommodations
- Who receives requests
- When HR should become involved
- How the interactive process is handled
- When documentation can be requested
- How accommodations are evaluated
- How temporary job modifications are managed
- How leave requests are handled
- How accommodations are documented
- How employee medical information is maintained
- Anti-retaliation requirements
A consistent process helps ensure similar requests are handled appropriately throughout the organization.
Review Your Employee Handbook
Employee handbooks should accurately reflect current pregnancy accommodation requirements.
Older policies may discuss only pregnancy discrimination, FMLA, or ADA accommodations without addressing the separate requirements of the federal and Nevada Pregnant Workers’ Fairness Acts.
Employers should consider whether their handbook adequately addresses:
- Pregnancy accommodations
- Disability accommodations
- Religious accommodations
- Lactation
- Leave
- Anti-discrimination
- Anti-retaliation
- Employee complaint procedures
NAE can review your Employee Handbook to help identify policies that may need updating.
Nevada Pregnancy Accommodation Notice Requirements
Nevada employers covered by the state’s pregnancy accommodation law have specific notice obligations.
Covered employers must provide employees with notice of their rights under Nevada’s pregnancy accommodation protections.
Nevada law requires this information to be provided to:
- New employees upon beginning employment
- Employees who notify their supervisor of a pregnancy within the required timeframe
The required notice must also be posted in a conspicuous location at the employer’s workplace.
Employers should include pregnancy accommodation notices in their compliance review alongside other required Nevada and federal workplace postings.
Train Managers to Recognize Accommodation Requests
Supervisors play an important role in pregnancy accommodation compliance because employees often speak to their direct manager before contacting HR.
Managers should know not to:
- Ignore an accommodation request
- Automatically request medical documentation
- Tell an employee to take leave without consulting HR
- Reduce an employee’s hours because she is pregnant
- Remove responsibilities based on assumptions
- Ask intrusive medical questions
- Discourage an employee from requesting an accommodation
- Retaliate against an employee for using an accommodation
Instead, supervisors should understand when to involve HR.
Employers can explore upcoming Training & HR Events for opportunities to strengthen supervisor and HR compliance knowledge.
Train Managers to Recognize Accommodation Requests
Supervisors play an important role in pregnancy accommodation compliance because employees often speak to their direct manager before contacting HR.
Managers should know not to:
- Ignore an accommodation request
- Automatically request medical documentation
- Tell an employee to take leave without consulting HR
- Reduce an employee’s hours because she is pregnant
- Remove responsibilities based on assumptions
- Ask intrusive medical questions
- Discourage an employee from requesting an accommodation
- Retaliate against an employee for using an accommodation
Instead, supervisors should understand when to involve HR.
Employers can explore upcoming Training & HR Events for opportunities to strengthen supervisor and HR compliance knowledge.
Conduct an HR Compliance Review
Pregnancy accommodations interact with multiple areas of employment law.
Employers should periodically review accommodation procedures, job descriptions, leave policies, required notices, manager training, and documentation practices.
NAE can help employers conduct an HR Audit to identify areas that may need attention.
Businesses that need additional day-to-day HR assistance can also get an HR Assistant.
Get Help With Nevada Pregnancy Accommodation Laws
Pregnancy accommodation requests can appear simple but quickly involve overlapping Nevada and federal requirements.
Employers must consider the requested accommodation, the employee’s limitations, whether documentation can appropriately be requested, whether another accommodation is available, and whether an actual undue hardship exists.
Nevada Association of Employers provides Nevada businesses with HR guidance, training, compliance assistance, and employment law support.
NAE’s Legal Services can also assist employers facing complex pregnancy accommodation, discrimination, retaliation, leave, or employment law questions.
Have a Pregnancy Accommodation Question?
Don’t wait until a routine accommodation request turns into an employment dispute. Contact NAE for assistance navigating Nevada and federal pregnancy accommodation requirements. For ongoing HR guidance, training, and employer resources, join NAE.
This information is provided for general educational purposes and should not be considered legal advice.
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