EEOC Finalizes Guidance on Implementation of Pregnant Workers Fairness Act

On April 15, 2024, the Equal Employment Opportunity Commission (EEOC) released its final rule and interpretive guidance for the Pregnant Workers Fairness Act (PWFA). The PWFA, which has been effective since June 2023, enhances protections under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA), requiring employers to accommodate employees with conditions related to pregnancy, childbirth, or related medical issues. The PWFA requires a covered entity to make reasonable accommodations to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, absent undue hardship on the operation of the business of the covered entity.

Unless legal challenges alter the schedule, the final rule and interpretive guidance will be enforced effective June 18, 2024.

Here’s what employers need to know:

Who Needs to Comply with the PWFA?

The PWFA applies to almost all employers — whether in the private or public sectors — if they have 15 or more employees. This includes governmental bodies, congressional offices, federal agencies, and even employment agencies and labor organizations.

What Defines a “Qualified Employee” Under the PWFA?

The final rule broadens the definition of an “employee” to include not only current employees but also applicants and former employees of covered employers.

What Are Known Limitations Related to Pregnancy?

Known limitations are any physical or mental conditions related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employer is made aware of, either verbally or in writing.

Which Conditions Are Covered?

All conditions related to, affected by, or arising from pregnancy, childbirth, or related medical conditions are covered, regardless of whether they meet the ADA’s definition of a disability. This includes conditions like high blood pressure, gestational diabetes, and more severe conditions like ectopic pregnancy or conditions resulting from fertility treatments.

What is Considered an Undue Hardship?

An undue hardship is anything that causes significant difficulty or expense to the employer. Factors like the duration the employee will be affected, the nature of their job functions, and the possibility of filling their role temporarily are considered.

What Accommodations Are Generally Reasonable?

The final rule introduces “predictable assessments,” which are standard modifications generally recognized as reasonable accommodations for pregnant employees. These adjustments rarely constitute an undue hardship on employers. Predictable assessments include:

• Allowing employees to have water nearby and drink as needed;
• Providing additional restroom breaks;
• Giving the option to either stand or sit; and
• Permitting breaks for eating and drinking.

What Other Accommodations May Be Considered?

Employers are encouraged to work interactively with employees to determine suitable accommodations, including:

• Longer and more frequent breaks;
• Modified food or drink policies;
• Modified work stations or equipment, to allow sitting or standing while working;
• Modified work schedules or telework;
• Modified uniform, dress codes, or safety equipment;
• Leave for medical appointments, pregnancy conditions, or recovery from childbirth; and
• Light duty or assistance with manual labor.

What Documentation Can Employers Require?

Employers should limit documentation requests to necessary information to understand the accommodation needed. Simple statements detailing the condition related to pregnancy or childbirth are usually sufficient, and medical information must remain confidential.

It’s crucial for employers to understand that this new rule does not supersede state or local laws that offer greater protections. Businesses should adhere to the most protective law applicable and ensure compliance with the PWFA to avoid legal challenges.

For detailed guidance, or to discuss how the new rule and updated guidance relating to the PWFA affects your organization specifically, please contact Jonathan Adler, Casey Hail, or Melanie Sarver.