The U.S. Equal Employment Opportunity Commission (EEOC) has issued its final rule implementing the Pregnant Workers Fairness Act (PWFA). As discussed here, the PWFA requires most employers with 15 or more employees to provide “reasonable accommodations,” or changes at work, for 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 builds upon existing protections against pregnancy discrimination under Title VII of the Civil Rights Act of 1964 (Title VII) and access to reasonable accommodations under the Americans with Disabilities Act (ADA) and state law. As such, employers should review existing accommodation policies to ensure compliance extends to PWFA-related conditions and include the PWFA in training for all Human Resources and supervisory personnel. 

The final rule will be published in the Federal Register on Apr. 19, 2024, and become effective 60 days later on June 18, 2024.  

The final rule and its accompanying interpretative guidance provide clarity to applicants, employees, and employers about who is covered, the types of limitations and medical conditions covered, how individuals can request reasonable accommodations, and numerous concrete examples. According to EEOC Chair Charlotte A. Burrows, “the final rule encourages employers and employees to communicate early and often, allowing them to identify and resolve issues in a timely manner.” 

Highlights from the final regulation include: 

• Numerous examples of reasonable accommodations such as additional breaks to drink water, eat, or use the restroom; a stool to sit on while working; time off for health care appointments; temporary reassignment; temporary suspension of certain job duties; telework; or time off to recover from childbirth or a miscarriage, among others. 
• Guidance regarding limitations and medical conditions for which employees or applicants may seek reasonable accommodation, including miscarriage or still birth; migraines; lactation; and pregnancy-related conditions that are episodic, such as morning sickness. This guidance is based on Congress’s PWFA statutory language, the EEOC’s longstanding definition of “pregnancy, childbirth, and related medical conditions” from Title VII, and court decisions interpreting the term “pregnancy, childbirth, or related medical conditions from Title VII.   
• Guidance encouraging early and frequent communication between employers and workers to raise and resolve requests for reasonable accommodation in a timely manner. 
• Clarification that an employer is not required to seek supporting documentation when an employee asks for a reasonable accommodation and should only do so when it is reasonable under the circumstances. 
• Explanation of when an accommodation would impose an undue hardship on an employer and its business. 
• Information on how employers may assert defenses or exemptions, including those based on religion, as early as possible in charge processing. 

More information about the PWFA and the EEOC’s final rule, including resources for employers and workers, is available on the EEOC’s “What You Should Know about the Pregnant Workers Fairness Act” webpage.