The U.S. Equal Employment Opportunity Commission (EEOC) has issued a final rule that implements the federal Pregnant Workers Fairness Act (PWFA). The final rule takes effect June 18, 2024.
The Details
Background
Effective June 27, 2023, the PWFA requires 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.
Note: Numerous states and local jurisdictions have their own laws requiring employers to provide such accommodations, some of which cover smaller employers. Check your state and local laws for details.
Final Rule
The final rule defines what is meant by “pregnancy, childbirth, or related medical conditions” for which employees or applicants may seek reasonable accommodation. According to the final rule:
“Pregnancy” and “childbirth” refer to the pregnancy or childbirth of the specific employee in question and include, but are not limited to, current pregnancy; past pregnancy; potential or intended pregnancy (which can include infertility, fertility treatment, and the use of contraception); labor; and childbirth (including vaginal and cesarean delivery). “Related medical conditions” are medical conditions relating to the pregnancy or childbirth of the specific employee in question. The following are examples of conditions that are, or may be, “related medical conditions”: termination of pregnancy, including via miscarriage, stillbirth, or abortion; ectopic pregnancy; preterm labor; pelvic prolapse; nerve injuries; cesarean or perineal wound infection; maternal cardiometabolic disease; gestational diabetes; preeclampsia; HELLP (hemolysis, elevated liver enzymes and low platelets) syndrome; hyperemesis gravidarum; anemia; endometriosis; sciatica; lumbar lordosis; carpal tunnel syndrome; chronic migraines; dehydration; hemorrhoids; nausea or vomiting; edema of the legs, ankles, feet, or fingers; high blood pressure; infection; antenatal (during pregnancy) anxiety, depression, or psychosis; postpartum depression, anxiety, or psychosis; frequent urination; incontinence; loss of balance; vision changes; varicose veins; changes in hormone levels; vaginal bleeding; menstruation; and lactation and conditions related to lactation, such as low milk supply, engorgement, plugged ducts, mastitis, or fungal infections. This list is non-exhaustive.”
The final rule also provides:
- 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 healthcare appointments; temporary suspension of certain job duties; telework; or time off, among others. More examples are available in the final rule.
- Recommendations for early and frequent communication between employers and workers to raise and resolve requests for reasonable accommodations in a timely manner.
- Clarification that an employer isn’t 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.
Next Steps
Covered employers should:
- Read the final rule in full.
- Ensure compliance with the PWFA and the final rule.
- Train supervisors on how to recognize and handle accommodation requests.