April 16, 2024

EEOC Publishes Pregnant Workers Fairness Act Regs

On April 16th the EEOC announced its final rule to implement the Pregnant Workers Fairness Act (PWFA). The rule was published in the federal register on April 19th. The law requires a covered entity (most employers with 15 or more employees) to provide reasonable accommodations 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 an undue hardship on the operation of the business of the covered entity.

The regulation gives employers guidance as to how they are to comply with the law. The regulation mirrors much of the ADA regulations. There are also some distinct differences:

  • The duty to perform all the essential functions of the employee’s job may need to be suspended for a period of time;
  • Medical documentation may not be required in certain instances;
  • At least four accommodations are presumed reasonable;
  • Rights of a pregnant employee may surpass those of individuals needing accommodation for disability or religious observance, as well as a male employee who needs an accommodation for a comparable, short-term medical conditions.

The regulation is scheduled to take effect June 18th. As of this writing however, and like the FTC’s non-compete rule and the U.S. DOL’s overtime rule, litigation is pending on this rule, too!  Want to learn more? Join the May 8th FREE webcast for a high-level overview then register for FiveL’s 18th annual seminar (webinar) for more a more detailed overview.