EEOC's Expansion of Accommodations Under the Pregnant Workers Fairness Act
The law requires covered employers to provide reasonable accommodations to a worker's known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
December 14, 2023 at 09:30 AM
7 minute read
On June 27, the Equal Employment Opportunity Commission (EEOC) began accepting charges of discrimination for alleged violations of the Pregnant Workers Fairness Act (PWFA). That law requires covered employers to provide reasonable accommodations to a worker's known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. The PWFA also notes that covered employers cannot:
- Require the employee to accept an accommodation without having a discussion with the employee about the accommodation;
- Deny a job or other employment opportunities to an employee or an applicant based on the individual's needs for an accommodation;
- Require the employee to take a leave of absence if another accommodation would allow the employee to continue working;
- Retaliate against an individual for reporting or opposing discrimination under the PWFA (or for requesting an accommodation under the PWFA); or
- Interfere with any individual's rights under the PWFA.
At the time the law went into effect, the EEOC published guidance for employers which included examples of reasonable accommodations for pregnant workers. Specifically, the EEOC noted that the "House Committee on Education and Labor Report on the PWFA provides several examples of possible reasonable accommodations including the ability to sit or drink water; receive closer parking; have flexible hours; receive appropriately sized uniforms and safety apparel; receive additional break time to use the bathroom, eat, and rest; take leave or time off to recover from childbirth; and be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy."
Notice of Proposed Rulemaking
More recently, however, the EEOC issued a notice of proposed rulemaking to implement the PWFA, announcing its proposed regulations. While the final regulations are expected to go into effect by Dec. 29, it is evident that the EEOC has expanded upon the accommodations initially listed in its first guidance on the topic for a variety of medical conditions that are related or may be impacted by pregnancy.
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