On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register its long-awaited Notice of Proposed Rulemaking (NPRM) to implement the Pregnant Workers Fairness Act (PWFA). See https://www.federalregister.gov/documents/2023/08/11/2023-17041/regulations-to-implement-the-pregnant-workers-fairness-act. The PWFA requires covered employers to provide reasonable accommodations for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. The PWFA further prohibits:

• A covered entity from requiring a qualified employee or applicant to accept an accommodation other than one arrived at through the interactive process.
• A covered entity from denying employment opportunities to a qualified employee or applicant if the denial is based on the covered entity’s need to make a reasonable accommodation for the known limitation of the employee or applicant.
• A covered entity from requiring a qualified employee with a known limitation to take leave, either paid or unpaid, if another effective reasonable accommodation exists, absent undue hardship.
• A covered entity from taking an adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation for a known limitation.

Despite the lack of formal EEOC regulations interpreting the PWFA, on June...

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