The Pregnant Workers Fairness Act (PWFA), which was signed into law on December 29, 2022, went into effect on June 27, 2023. The EEOC has started to accept PWFA charges and has issued guidance and resources to help employers comply with the expanded requirements. On August 11, 2023, the EEOC also published a Proposed Rule to implement the PWFA, which outlines the agency’s interpretation of the PWFA, and includes specific examples of possible reasonable accommodations. Public comments concerning the Proposed Rule can be submitted until October 10, 2023.
In general, the PWFA requires employers with 15 or more employees to provide reasonable accommodations to a qualified employee’s or applicant’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodations would cause the employer undue hardship. The PWFA seeks to “fill the gaps” in legal protections afforded to workers under existing federal laws, such as Title VII, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act of 1993 (FMLA). While existing federal laws protect employees affected by pregnancy or childbirth, the PWFA is the first to create an affirmative reasonable accommodation right for such workers.
As detailed below, the EEOC has published a Proposed Rule containing regulations to implement the PWFA, which are open to public comment until October 10, 2023. While this Proposed Rule is under consideration, the EEOC...
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