The recently enacted Pregnant Workers Fairness Act (PWFA) requires covered employers (i.e., public or private employers with more than 15 employees) to provide reasonable accommodations to “qualified” employees or candidates with a known limitation related to pregnancy, childbirth, or related medical conditions, absent an “undue hardship.” The PWFA applies only to accommodations (and related retaliation) and is not a general anti-discrimination law.
Prior to the passage of the PWFA, pregnancy was not considered a disability under the Americans with Disabilities Act (ADA), and not all pregnancy-related conditions met the ADA’s definition of a “disability.” Under the PWFA, however, employees and applicants with a range of pregnancy-related conditions may now seek reasonable accommodations under federal law.
The U.S. Equal Employment Opportunity Commission (EEOC) issued an expansive proposed rule regarding the PWFA on August 11, 2023. The comment period on the proposed rule is set to close on October 10, 2023. The proposed rule expands protections for covered employees and applicants beyond what is available under existing federal employment laws. We highlight some of the more notable provisions below:
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