June 18, 2024
PWFA Regulations Take Effect in All But Three States
On June 18th, the Pregnant Workers Fairness Act regulations took effect as scheduled…almost. Earlier this year, the state of Texas challenged the law, alleging the Congressional vote was unconstitutional. The court agreed writing, “[B]y including members who were indisputably absent in the quorum count, the Act at issue passed in violation of the Constitution’s Quorum Clause.”
The day before the rule took effect, another court temporarily blocked implementation of a portion of the regulation in two states, LA and MS, including for private sector employers. The rationale in these cases was that the EEOC exceeded its authority when it interpreted the law to require covered employers to provide an accommodation, such as time off from work, for a specific, pregnancy-related medical condition, a voluntary abortion. That requirement was found to be in contrast with and to violate the Supreme Court’s ruling granting each state the right to determine its own abortion law. (Dobbs 2022)
Ensure you have updated your reasonable accommodation policies and procedures to reflect your obligations and to provide employees with notice of their rights, including posting the updated EEO workplace notice. Then stay tuned. With different interpretations, it is likely appeals and other legal challenges will follow.
For more information on the PWFA and related trends, you can still view FiveL Company’s August webcast, “Sex Discrimination & Harassment: The Evolution Continues.”
