On April 15, 2024, the US Equal Employment Opportunity Commission (EEOC) issued a final rule to implement the Pregnant Workers Fairness Act (PWFA). According to the EEOC’s press release, the final rule provides clarity to employers and workers about who is covered, the types of limitations and medical conditions covered, how individuals can request reasonable accommodations, and it also provides numerous concrete examples.
The PWFA requires most employers with 15 or more employees to provide “reasonable accommodations,” or changes at work, for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. It builds upon existing protections against pregnancy discrimination under Title VII of the Civil Rights Act of 1964 and access to reasonable accommodations under the Americans with Disabilities Act (ADA).
The EEOC began accepting charges of discrimination on June 27, 2023, the day on which the PWFA became effective. The final rule will be published in the Federal Register on April 19, and becomes effective 60 days after publication.
Highlights from the final regulation include:
- Numerous 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 healthcare 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 stillbirth; 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.
- Explanation of when an accommodation would impose an undue hardship on an employer and its business.
- Information on how employers may assert defenses or exemptions, including those based on religion, as early as possible in charge processing.
More information about the PWFA and the EEOC’s final rule, including resources for employers and workers, is available on the EEOC’s “What You Should Know about the Pregnant Workers Fairness Act” webpage.
The final rule can be accessed here.
Compliance Perspective
Issue
The PWFA requires a covered employer to provide a “reasonable accommodation” to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” It applies only to accommodations. Other laws that the EEOC enforces make it illegal to fire or otherwise discriminate against employees or applicants on the basis of pregnancy, childbirth, or related medical conditions. The PWFA does not replace federal, state, or local laws that are more protective of workers (job applicants and employees) affected by pregnancy, childbirth, or related medical conditions. More than 30 states and cities have laws that require employers to provide accommodations for pregnant workers.
Discussion Points
- Review the facility’s policies and procedures addressing discrimination and providing reasonable accommodations. Ensure that any state-specific laws are included. Update the policies if needed.
- Train human resources staff and facility leadership on PWFA requirements, including reasonable accommodations. Document that these trainings occurred and file each signed document in the employee’s individual education file.
- Periodically audit to ensure that reasonable accommodations are made for any employees or job applicants needing them. Additionally, ensure that staff are aware of how to report any concerns of discrimination they may observe or experience to their immediate supervisor or through the facility’s hotline.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
