EEOC Issues Final Regulations to Implement the Pregnant Workers Fairness Act

At A Glance

• The EEOC announced final regulations on the Pregnant Workers Fairness Act.
• The regulations apply to employers with at least 15 employees.
• Employers must provide reasonable accommodation to covered employees.
• The act will be effective 60 days after publication in the Federal Register.

Introduction

The Equal Employment Opportunity Commission (EEOC) has issued final regulations on how to implement the Pregnant Workers Fairness Act (PWFA) enacted June 27, 2023.

The PWFA requires that employers with at least 15 employees provide reasonable accommodations, without undue hardship, to qualified employees and applicants with known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.

On April 15, 2024, the EEOC issued final regulations for public inspection. The final regulations are expected to be published in the Federal Register on April 19, and will go into effect 60 days after publication.

Final Regulations to Implement the Pregnant Workers Fairness Act

The final regulations provide clarity on who is covered, the types of limitations and medical conditions covered, and how individuals can request reasonable accommodations. Notable clarifications include:

• Examples of reasonable accommodations such as additional breaks to drink water, eat, or use the restroom; a stool to sit on while working; time off for health care appointments; temporary reassignment; temporary suspension of certain job duties; telework; or time off to recover from childbirth or a miscarriage, among others.
• Guidance regarding limitations and medical conditions for which employees or applicants may seek reasonable accommodation, including miscarriage or still birth; migraines; lactation; and pregnancy-related conditions that are episodic, such as morning sickness.
• Guidance encouraging early and frequent communication between employers and workers to raise and resolve requests for reasonable accommodation in a timely manner.
• Clarification that an employer is not required to seek supporting documentation when an employee asks for a reasonable accommodation and should only do so when it is reasonable under the circumstances (similar to FMLA).
• Explanation of when an accommodation would impose an undue hardship on an employer and its business.

The final regulations also include Interpretative Guidance, which addresses the major provisions of the PWFA and illustrate how the final regulations will apply.

Next Steps

Employers should ensure that their policies are up to date, and review their handbooks. Employers should prepare to provide reasonable accommodations to these employees as necessary, and may wish to consult their legal counsel to understand their responsibilities under these regulations.

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