The Equal Employment Opportunity Commission (EEOC) recently released final regulations regarding the Pregnant Workers Fairness Act (PWFA), which requires employers to provide reasonable accommodations to qualified employees or applicants with known limitations related to pregnancy, childbirth, or related medical conditions.
The PWFA was signed into law by the president in December 2022 and went into effect in June 2023. The law requires employers to participate in the interactive process, as defined in the Americans with Disabilities Act (ADA), and to provide reasonable accommodations for qualifying employees, absent undue hardship. Employees alleging violations of the law may file charges with the EEOC.
The final regulations reiterate the responsibility of employers to offer accommodations to qualifying employees with known limitations, defined as impediments or problems that are minor, modest, or episodic. For example, employers may need to offer accommodations to qualifying employees who request to avoid certain tasks or certain chemicals or who need time off to attend health care appointments for pregnancy, childbirth, or related medical conditions.
While pregnancy and childbirth take on their plain meaning, “related medical conditions” is more complex and covers an array of situations. Examples include lactation, miscarriage, stillbirth, having or choosing not to have an abortion and any related recovery, preeclampsia, gestational diabetes, or similar conditions. Infertility treatment, like IVF, may also be covered under the law, depending on the employee’s specific situation.
The final regulations go into effect June 18, 2024, though 17 states have commenced a lawsuit against the EEOC, seeking to prevent the rules from going into effect. The states take issue with the requirement for employers to provide reasonable accommodations for employees seeking to terminate a pregnancy. The EEOC has not yet responded to the lawsuit, but the regulations indicate the EEOC’s position that the PWFA prevents workplace discrimination and does not regulate, mandate, or provide abortion services.
The final regulations also remind employers that other laws may be relevant for employees impacted by pregnancy, childbirth, or related medical conditions, including the Family and Medical Leave Act (FMLA), Title VII, the ADA (though pregnancy is not a disability, some pregnancy-related conditions may qualify), the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, and any state-specific laws, including mandated sick time laws or state programs providing for paid family leave.
The law does not preempt state laws that provide greater protections, and many states, including Colorado, Utah, and New Mexico, already have similar requirements codified under state law. Employers should confirm their accommodation process includes accommodations for employees qualifying pursuant to the PWFA. Likewise, supervisors should be trained to alert HR when an employee discloses a condition that may qualify for an accommodation under the law.
Employers Council Consulting and Enterprise members with questions can contact us to speak with an attorney or HR consultant for guidance. All members can access our whitepaper that covers the PWFA and state laws.