Expands Protections and Accommodations for Pregnant Workers
The U.S. Equal Employment Opportunity Commission (EEOC) recently a to implement the (PWFA), providing clarity to help employers understand their duties under the law. The PWFA requires most employers with 15 or more employees to provide 鈥渞easonable accommodations,鈥 or changes at work, for a worker鈥檚 known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
Highlights from the final regulation include:
- Numerous examples of reasonable accommodations such as additional breaks to drink water, eat, or use the restroom; a stool to sit on while working; time off for health care appointments; temporary reassignment; temporary suspension of certain job duties; telework; or time off to recover from childbirth or a miscarriage, among others.
- Guidance regarding limitations and medical conditions for which employees or applicants may seek reasonable accommodation, including miscarriage or still birth; migraines; lactation; and pregnancy-related conditions that are episodic, such as morning sickness. This guidance is based on Congress鈥檚 PWFA statutory language, the EEOC鈥檚 longstanding definition of 鈥減regnancy, childbirth, and related medical conditions鈥 from Title VII of the Civil Rights Act of 1964, and court decisions interpreting the term 鈥減regnancy, childbirth, or related medical conditions from Title VII.
- Guidance encouraging early and frequent communication between employers and workers to raise and resolve requests for reasonable accommodation in a timely manner.
- Clarification that an employer is not required to seek supporting documentation when an employee asks for a reasonable accommodation and should only do so when it is reasonable under the circumstances.
- Explanation of when an accommodation would impose an undue hardship on an employer and its business.
- Information on how employers may assert defenses or exemptions, including those based on religion, as early as possible in charge processing.
More information about the PWFA and the EEOC鈥檚 final rule, including resources for employers and workers, is available on the EEOC鈥檚 鈥溾 webpage.
For more information on pregnancy discrimination, please visit .
For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.