On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final regulations to carry out the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023, and generally requires an employer to provide a reasonable accommodation to an 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.
In its final regulations, the EEOC included an expansive definition of “related medical conditions” which can include, among other things, termination of a pregnancy, including via miscarriage, stillbirth or abortion; gestational diabetes, antenatal or postpartum depression, and conditions related to lactation.
The accommodation process under the PFWA regulations is similar to the process for providing reasonable accommodations under the Americans with Disabilities Act (ADA). Once an employer is aware of a limitation related to, arising out of, or affected by pregnancy, childbirth or a related medical condition, it should engage in the interactive process with the employee or applicant. The “interactive process” simply requires that the employer and employee or applicant communicate about the known limitation and the adjustment or change needed at work.
The new regulations identify certain accommodations that EEOC believes will generally not impose an undue hardship and, therefore, should be granted by employers in virtually all situations. These accommodations include allowing employees to:
- Carry or keep water near and drink, as needed;
- Take additional restroom breaks, as needed;
- Sit, if their work requires standing;
- Stand, if their work requires sitting; and
- Take breaks to eat and drink, as needed.
The PWFA regulations allow employers to seek supporting documentation only when it is reasonable to determine whether the employee has a limitation covered by the PWFA. The EEOC states that it is not reasonable to request supporting documentation in certain situations, such as when the limitation and the need for an adjustment is obvious, when the employer already has sufficient information to determine whether the employee has a limitation covered by the PWFA, when the requested accommodation relates to pumping at work, or when the requested accommodation is available to all employees pursuant to the employer’s policies or practices without the need to submit supporting documentation.
The new regulations go into effect on June 18, 2024. The EEOC has put together a website called “What You Should Know About the Pregnant Workers Fairness Act” that answers frequently asked questions about the act and the new regulations. If you have additional questions, please reach out to OSBA’s Legal Division at 855-OSBA-LAW.