On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released a final rule to implement the Pregnant Workers Fairness Act (PWFA). The final rule clarifies definitions and limitations under the PWFA and seeks to help employers understand their duties under the law. The final regulation becomes effective on June 18, 2024.
What is the Pregnant Workers Fairness Act?
The Pregnant Workers Fairness Act (PWFA) requires a covered employer to provide a “reasonable accommodation” to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”
The PWFA applies only to accommodations. Other laws that the EEOC enforces make it illegal to fire or otherwise discriminate against employees or applicants on the basis of pregnancy, childbirth, or related medical conditions.
The PWFA does not replace federal, state, or local laws that are more protective of workers (used here to mean job applicants and employees) affected by pregnancy, childbirth, or related medical conditions. More than 30 states and cities have laws that require employers to provide accommodations for pregnant workers.
When did the PWFA go into effect and has the EEOC issued a regulation about the law?
The final regulations go into effect June 18, 2024.
Which employers does the PWFA apply to?
The PWFA applies to private employers and public sector employers (state and local governments) that have 15 or more employees. It also applies to Congress and Federal agencies, and to employment agencies and labor organizations.
Who does the PWFA protect?
The PWFA provides for reasonable accommodations for qualified applicants or employees who have known limitations. Under the PWFA, “limitations” are physical or mental conditions related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.
What does the PWFA prohibit?
Covered employers must not:
- Fail to make a reasonable accommodation for the known limitations of an employee or applicant unless the accommodation would cause an undue hardship.
- Require an employee to accept an accommodation other than a reasonable accommodation arrived at through the interactive process.
- Deny a job or other employment opportunities to a qualified employee or applicant based on the person’s need for a reasonable accommodation.
- Require an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working.
- Punish or retaliate against an employee or applicant for requesting or using a reasonable accommodation for a known limitation under the PWFA, reporting or opposing unlawful discrimination under the PWFA, or participating in a PWFA proceeding (such as an investigation).
- Coerce individuals who are exercising their rights or helping others exercise their rights under the PWFA.
What other federal laws may apply to workers affected by pregnancy, childbirth, or related medical conditions?
Other laws that apply to employees or applicants affected by pregnancy, childbirth, or related medical conditions, include:
- Title VII (enforced by the EEOC), which:
- Protects workers from discrimination based on pregnancy, childbirth, or related medical conditions; and
- Requires covered employers to treat workers affected by pregnancy, childbirth, or related medical conditions the same as others similar in their ability or inability to work.
- The ADA (enforced by the EEOC), which:
- Protects workers from discrimination based on disability; and
- Requires covered employers to provide reasonable accommodations to a qualified individual with a disability if the reasonable accommodation would not cause an undue hardship for the employer.
- Some pregnancy-related conditions may be disabilities under the law, but pregnancy itself is not a disability under the ADA.
- The FMLA (Family and Medical Leave Act) (enforced by the U.S. Department of Labor), which provides covered employees with unpaid, job-protected leave for certain family and medical reasons. Covered employers have 50 or more employees within a 75-mile radius; and
- The PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers Act) (enforced by the U.S. Department of Labor), which broadens workplace protections for employees to express breast milk at work.
For additional details, you can find a summary of the regulation at https://www.eeoc.gov/summary-key-provisions-eeocs-final-rule-implement-pregnant-workers-fairness-act-pwfa.