In a significant move towards workplace equality, the U.S. Equal Employment Opportunity Commission (EEOC) recently issued final regulations for implementing the Pregnant Workers Fairness Act (PWFA). This legislation, which came into effect on June 27, 2023, aims to ensure that pregnant employees are provided with reasonable accommodations in the workplace.

Clarifications and Definitions

After a thorough review of over 100,000 public comments, the EEOC has sought to provide clarity on the definitions and limitations outlined in the PWFA. One importnat aspect highlighted is that the PWFA only offers accommodations to qualified employees with limitations directly related to “pregnancy, childbirth, or related medical conditions”. The determination of whether a condition falls under these categories will be guided by existing Title VII precedent.

Employer Responsibilities

Under the PWFA, employers with 15 or more employees are required to provide reasonable accommodations to protect the health of both mother and baby, unless such accommodations would pose an undue hardship on the employer. This means that employers must make necessary adjustments to the workplace environment or duties to accommodate the needs of pregnant employees, ensuring they can work in safety and comfort.

Examples of Reasonable Accommodations

The House Committee on Education and Labor Report on the PWFA has provided several examples of reasonable accommodations that employers may need to consider:

• Allowing the employee to sit

• Providing access to water.

• Offering closer parking spaces.

• Providing flexibility in working hours.

• Supplying appropriately sized uniforms and safety apparel.

• Granting additional break time for bathroom visits, meals, and rest.

• Allowing leave for recovery after childbirth.

• Reassigning duties that involve strenuous activities or exposure to hazardous compounds.

Intersection with Existing Laws

It's important to note that the PWFA does not replace existing federal, state, or local laws that offer greater protections for pregnant employees. Currently, 46 states have laws in place to prevent discrimination against pregnant or nursing workers, adding an additional layer of safeguards beyond the PWFA.