New Federal Regulations Implement Job Accommodations for Pregnant Workers, Including Abortion
ICARO Media Group
In a move that received support from labor advocates and criticism from conservatives, the Equal Employment Opportunity Commission (EEOC) has included provisions for abortion in its finalized federal regulations for the Pregnant Workers Fairness Act. The regulations aim to provide guidance for employers and workers on how to implement the law, which was passed with bipartisan support in December 2022.
Under the Pregnant Workers Fairness Act, workers are entitled to time off and other job accommodations for abortions, as well as for pregnancy-related medical conditions such as miscarriage, stillbirth, and lactation. The EEOC's decision to include abortion provisions in the final rules aligns with its longstanding interpretation of Title VII and court rulings.
While the new law does not require employers or employer-sponsored health plans to cover abortion-related costs, it does mandate that most employers with 15 or more employees provide "reasonable accommodations" for a worker's known limitations related to pregnancy, childbirth, or related medical conditions. These accommodations can include time off for medical appointments or recovery, which may or may not be paid.
The EEOC's regulations, which will go into effect on June 18, will serve as the framework for enforcing the law. Labor advocates have praised the legislation, highlighting its importance for women of color who are more likely to work in physically demanding jobs but are often denied necessary accommodations.
Major business groups have also expressed support for the law, citing the need for clarity regarding the accommodations employers are required to provide pregnant workers. EEOC Chair Charlotte A. Burrows emphasized the significance of the law, stating, "No one should have to risk their job for their health just because they are pregnant, recovering from childbirth, or dealing with a related medical condition."
However, Republican lawmakers and anti-abortion activists have denounced the inclusion of abortion provisions in the regulations. The Alliance Defending Freedom, a conservative Christian legal organization, criticized the Biden administration for what they perceive as an attempt to "smuggle an abortion mandate" into the law.
On the other hand, abortion rights proponents have commended the EEOC for recognizing that abortion is a pregnancy-related condition deserving of protection under the law. They argue that this provision is especially critical given the recent curtailment of abortion rights in many states following the U.S. Supreme Court's decision to overturn Roe v. Wade in 2022.
The EEOC received a significant number of comments during the public commentary period, both in favor and against the inclusion of abortion as a protected condition. Ultimately, the commission chose to maintain its interpretation based on federal cases that supported its view.
The new rules provide comprehensive details on the types of accommodations pregnant workers can request, ranging from temporary exemption from job duties like heavy lifting to considerations for morning sickness.
For years, women's rights advocates have campaigned for stronger protections for pregnant workers, arguing that the previous Pregnancy Discrimination Act of 1978 did not offer sufficient safeguards. The new law makes it clear that pregnant workers are entitled to accommodations to continue performing their jobs, much like workers with disabilities. The burden now falls on employers to demonstrate "undue hardship" if they deny accommodation requests.
The EEOC, which typically handles thousands of pregnancy discrimination cases each year, hopes that the Pregnant Workers Fairness Act and the accompanying regulations will ensure greater fairness and equality for pregnant workers in the workplace.
A Better Balance, one of the prominent advocates for the Pregnant Workers Fairness Act, applauded the EEOC for issuing robust final regulations that acknowledge the broad scope of the law.
This article has been generated by an AI assistant and has not been reviewed or edited by a human editor.