Pregnant Worker Fairness Act Regulations

On June 18, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final regulation to carry out the Pregnant Workers Fairness Act (PWFA), which requires a covered employer to provide a reasonable accommodation to a qualified employee or job applicant’s known limitations (i.e., physical or mental conditions) related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship (i.e., something causing significant difficulty or expense).  A covered employer is defined to include private employers that have 15 or more employees.  And a reasonable accommodation may include (1) additional, longer, or more flexible breaks to drink water, eat, rest, or use the restroom; (2) seating for jobs that require standing; and (3) schedule changes, among other potential accommodations. 

The EEOC’s regulations, in many ways, expand a covered employer’s obligations to accommodate pregnancy-related conditions beyond what is required by the ADA.  For example, the PWFA may require employers to temporarily suspend the essential functions of an employee’s job to accommodate a pregnancy-related limitation.  Employers must, therefore, consult their labor counsel to ascertain whether and how they are impacted by the PWFA.