Final Rule Released for Pregnant Workers Fairness Act

1 minute read

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released a final rule implementing the Pregnant Workers Fairness Act (PWFA). The rule clarified definitions and limitations to help employers understand their duties. It will be published in the Federal Register on April 19, 2024, and effective on June 18, 2024.

PWFA Background

The PWFA mandates employers with 15+ employees to provide reasonable accommodations for pregnancy-related limitations, unless causing undue hardship.

Final Rule Highlights

The final rule from the EEOC provides guidance for employers and employees on reasonable accommodations, limitations, and communication for timely resolution.

Highlights of the final rule includes:

• Examples of reasonable accommodations include additional breaks, a stool for sitting, time off for appointments, temporary reassignment or suspension of duties, telework, and time off for childbirth or miscarriage, among others;
• Guidance on medical conditions for which employees may seek accommodation, including miscarriage, migraines, lactation, and episodic pregnancy-related issues like morning sickness;
• Encourage early and frequent communication between employers and workers to address reasonable accommodation requests promptly;
• Employers are not required to request supporting documentation for a reasonable accommodation if it is deemed reasonable under the circumstances;
• Explanation of when an accommodation causes undue hardship for the employer and business; and
• Information on how employers should assert defenses or exemptions, including religious exemptions, as early as possible in charge processing.

Download the bulletin for more details.

Additional Resource

EEOC’s Pregnant Workers Fairness Act webpage