The U.S. Equal Employment Opportunity Commission (EEOC) issued a final rule to implement the Pregnant Workers Fairness Act (PWFA), providing clarity that will give pregnant workers the ability to work and maintain a healthy pregnancy and help employers understand their duties under the law. The PWFA requires most employers with 15 or more employees to provide “reasonable accommodations” 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 final rule will be published in the Federal Register on Apr. 19. It was approved by majority vote of the Commission on Apr. 3 and will become effective 60 days after publication in the Federal Register.
Highlights from the final regulation include:
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Examples of reasonable accommodations;
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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;
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Guidance encouraging early and frequent communication between employers and workers to raise and resolve requests for reasonable accommodation in a timely manner;
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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;
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Explanation of when an accommodation would impose an undue hardship on an employer and its business; and
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Information on how employers may assert defenses or exemptions, including those based on religion, as early as possible in charge processing.
More information is available here.
