April 22, 2024 • News

Pregnant Workers Fairness Act (PWFA) Final Rule Issued by EEO

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued a final rule and interpretive guidance on how to implement the Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, 2023; the final rule is effective June 18, 2024. The final rule includes:

• 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 health care appointments; temporary reassignment; temporary suspension of certain job duties; telework; or time off to recover from childbirth or a miscarriage, among others
• Guidance regarding limitations and medical conditions for which employees or applicants may seek reasonable accommodation
• Guidance encouraging early and frequent communication between employers and workers to raise and resolve requests for reasonable accommodation in a timely manner
• Clarification that an employer is not required to seek supporting documentation when an employee asks for 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
• Information on how employers may assert defenses or exemptions, including those based on religion, as early as possible in charge processing

For more information, see the EEOC press release or its “What You Should Know About the Pregnant Workers Fairness Act” webpage.