In a significant step towards ensuring fair treatment for pregnant workers, the U.S. Equal Employment Opportunity Commission (EEOC) has issued a final rule to implement the Pregnant Workers Fairness Act (PWFA). The new regulation aims to provide clarity and guidance for both employers and employees, ensuring that pregnant workers can continue their jobs safely and without discrimination.

Under the PWFA, which became effective on June 27, 2023, most employers with 15 or more employees are required to provide reasonable accommodations for pregnant workers. These accommodations should address any known limitations related to pregnancy, childbirth, or related medical conditions, as long as providing these accommodations does not cause undue hardship for the employer.

The final rule, approved by a majority vote of the Commission on April 3, 2024, will be published in the Federal Register on April 19th, and will become effective 60 days after publication. This rule, along with its accompanying interpretative guidance, has been formulated as a response to the approximately 100,000 public comments received on the Notice of Proposed Rulemaking.

The final rule clarifies important aspects for employers and workers, including coverage, types of limitations and medical conditions covered, the process for requesting reasonable accommodations, and provides numerous concrete examples. It encourages employers and employees to engage in early and frequent communication to promptly identify and resolve any issues.

This regulation is seen as a significant victory for workers, families, and the economy. EEOC Chair Charlotte A. Burrows expressed her satisfaction, stating, "The Pregnant Workers Fairness Act is a win for workers, families, and our economy. It gives pregnant workers clear access to reasonable accommodations that will allow them to keep doing their jobs safely and effectively, free from discrimination and retaliation."

The final rule also outlines several examples of reasonable accommodations, including additional breaks for hydration and nutrition, the provision of a stool for sitting, time off for medical appointments, temporary reassignments, and more. It also provides guidance on limitations and medical conditions that may require accommodations, such as miscarriage or stillbirth, migraines, lactation, and episodic pregnancy-related conditions like morning sickness.

Additionally, the final rule clarifies that employers are not required to seek supporting documentation when an employee requests a reasonable accommodation unless it is deemed reasonable under the circumstances. It also explains when an accommodation may impose an undue hardship on the employer and their business.

The EEOC emphasizes the importance of early communication between employers and workers to ensure timely resolution of reasonable accommodation requests. The rule also provides information on how employers may assert defenses or exemptions, including those based on religion, as early as possible in the charge processing.

The EEOC's "What You Should Know about the Pregnant Workers Fairness Act" webpage offers additional resources for employers and workers seeking further information on the PWFA and the final rule.

The release of this final rule showcases the EEOC's commitment to preventing and remedying unlawful employment discrimination and advancing equal opportunities for all. More details about pregnancy discrimination and the PWFA can be found on the EEOC's website at www.eeoc.gov. To stay updated on the latest EEOC news, individuals can subscribe to the agency's email updates.

Overall, the final rule on the PWFA represents a significant step towards promoting fair treatment and accommodations for pregnant workers, ensuring that they can maintain both their jobs and a healthy pregnancy.