The U.S. Equal Employment Opportunity Commission (EEOC) has issued the final regulations for the Pregnant Workers Fairness Act (PWFA), which came into effect on June 18, 2024. The PWFA expands workplace protections for employees with pregnancy or childbirth-related conditions, offering broader protections than the Americans with Disabilities Act (ADA). The law applies to employers with 15 or more employees and covers a wide range of conditions related to pregnancy, childbirth, or related medical conditions. It mandates that employers accommodate a qualified employee’s “known limitations” unless it poses an undue hardship.
The PWFA requires employers to provide reasonable accommodations, which include modifications or adjustments to the job application process or work environment. Examples of reasonable accommodations include frequent breaks, schedule changes, paid or unpaid leave, light duty placement, modifications to the work environment, modifying equipment or uniforms, among others. Employers are barred from mandating that an employee take a leave of absence where alternative reasonable accommodation exists. Employers may request supporting documentation “when reasonable under the circumstances” to determine if an employee has a covered limitation and needs an adjustment at work. Remedies under the PWFA include injunctive and equitable relief, compensatory and punitive damages, and attorney’s fees. Individuals can file charges with the EEOC or state and local agencies for investigation.
Practice Tip
Employers should review and amend their policies that govern providing accommodation to employees, including lactation policies to comply with the expanded scope of coverage and accommodation issues under the PWFA. Managers and supervisors should be trained in recognizing and responding to accommodation requests. Employers are also still obligated to comply with other applicable federal and state laws such as the ADA, Title VII, the PUMP Act, and the Family and Medical Leave Act. Read our blog on the Reasonable Accommodations under the Pregnant Workers Fairness Act and Providing Urgent Maternal Protections for Nursing Mothers. What you need to Know about the “PUMP Act”.
