Attorneys see the newly proposed rule to implement the federal Pregnant Workers Fairness Act as painting the employee’s right to a reasonable accommodation with a broad brush while maintaining a firm standard for the employer’s burden of showing that a particular request would constitute an undue hardship.
The U.S. Equal Employment Opportunity Commission announced the proposed rule Aug. 7. The publication of the rule in the Federal Register on Aug. 11 triggered a 60-day public comment period.
The EEOC’s notice of proposed rulemaking provides numerous examples of possible reasonable accommodations while explaining how the commission intends to interpret the PWFA and certain terms in the statute, such as “temporary,” “essential functions,” and “communicated to the employer.”
“The EEOC’s bipartisan proposed regulation helps to bring the promise of this transformative law to life, enabling pregnant and postpartum workers to retain their jobs while maintaining a healthy pregnancy and recovering from childbirth,” EEOC Vice Chair Jocelyn Samuels said in a statement.
Providence attorney Michael A. Gamboli maintains a multi-jurisdiction employment law practice, representing employers in both Rhode Island and Massachusetts. According to Gamboli, the federal PWFA is aimed at filling in the gaps in the protection of pregnant workers left open by Title VII, the Americans with Disabilities Act and other federal statutes.
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