Employer compliance and prohibitions

The final rule prescribes additional considerations for covered entities in complying with the PWFA. For instance, an unnecessary delay in making a reasonable accommodation may result in a violation of the PWFA, even if the accommodation is eventually provided, where the delay was unnecessary. Additionally, an employee is not required to accept an accommodation, and an employer cannot require an employee to accept an accommodation other than one arrived at through the interactive process. Employers should take note of the following non-exclusive list of prohibitions under the PWFA:

An employer cannot deny employment opportunities to a qualified employee if the denial is based on the employer's need to make a reasonable accommodation for the known limitation of the employee.
An employer cannot require a qualified employee with a known limitation to take leave, either paid or unpaid, if another reasonable accommodation exists, absent undue hardship.
An employer cannot take adverse action in terms, conditions, or privileges of employment against a qualified employee because the employee requested or used a reasonable accommodation for a known limitation.
An employer cannot retaliate against an employee because that person opposed acts or practices made lawful by the PWFA or has made a charge, testified, assisted or participated in any manner in an investigation, proceeding, or hearing under the PWFA.
An employer cannot coerce, intimidate, threaten, or interfere with an individual in the exercise or enjoyment of rights under the PWFA or with any individual aiding or encouraging any other individual in the exercise or enjoyment of rights under the PWFA.

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EEOC's final rule for the PWFA clarifies employer responsibilities

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