Pregnant Workers Fairness Act Final Rule (6/18/24)

The U.S. Equal Employment Opportunity Commission’s (EEOC’s) final regulations for implementing the Pregnant Workers Fairness Act (PWFA) cover lactation support and other accommodations for expectant workers—as well as accommodations for workers seeking an abortion. The guidance is drawing cheers and criticism from government and workplace leaders.
EEOC’s Final Rule on PWFA Includes Abortion Accommodations
EEOC Releases Final Regulations for Pregnant Workers Fairness Act
SHRM | Apr 2024

States Sue EEOC Over Pregnant Workers Fairness Act Rule's Abortion Provisions
SHRM | Apr 2024

Effective date:  6/18/24
Final Rule
Press Release
What You Should Know About the Pregnant Workers Fairness Act
EEOC | Apr 2024

Law Firm Articles

Only “qualified” applicants and employees will be covered under the PWFA – but the final rule provides a sweeping definition that may encompass many workers as covered under the PWFA. As illustrated below, the PWFA is much broader than the ADA, since it includes terms like “temporary” and “in the near future,” which may be more challenging for employers to determine when handling requests.
Finalized Pregnancy Rule Requires Employers to Accommodate Abortion and More: 8 Things Employers Need to Know
Fisher Phillips | Apr 2024

In the final rule, the EEOC confirms that under the PWFA, the physical or mental condition that leads an employee or applicant to request an accommodation can be modest, minor, or episodic, and there is no requirement that conditions rise to a specific severity threshold. The final rule reminds employers that the PWFA is intended to cover conditions that do not rise to the level of disability applied under the Americans with Disabilities Act (ADA) and its implementing regulations, and is intended to help maintain the individual’s health and ability to work.
EEOC Releases Expansive Final Regulations to Implement the Pregnant Workers Fairness Act
Littler | Apr 2024

The final PWFA regulations continue to provide for a “reasonableness” standard in evaluating the circumstances under which an employer may request documentation from an employee. The final regulations, however, modify the definition of “reasonable documentation.” An employer may only request the “minimum documentation” necessary to confirm the employee has a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions (a limitation) and describe the adjustment or change at work due to the limitation.
Pregnant Workers Fairness Act Final Regulations Released
Jackson Lewis | Apr 2024

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