The U.S. Equal Employment Opportunity Commission (EEOC) recently issued its final regulations for the Pregnant Workers Fairness Act (PWFA). The final rule was published in the Federal Register on April 19 and will go into effect on June 18, 2024.

While the PWFA went into effect on June 27, 2023, and the EEOC is already accepting charges alleging PWFA violations, the final regulations provide employers guidance on how the PWFA will be enforced.

The PWFA generally requires employers to make reasonable accommodations to employees or applicants who have limitations arising out of pregnancy, childbirth or related medical conditions unless it would pose an undue hardship to the employer. The EEOC’s regulations expand on the PWFA’s broad definition of pregnancy, childbirth or related medical condition to include lactation, endometriosis, infertility, fertility treatments, miscarriages, postpartum limitations and an employee’s choice to have or not have an abortion.

The regulations also provide examples of reasonable accommodations under the PWFA that will not generally impose an undue hardship on the employer. These include:

• Allowing more frequent restroom breaks
• Permitting an employee to keep water with them
• Allowing an employee who typically must stand to sit and vice versa
• Allowing an employee more frequent breaks to eat and drink

The EEOC’s regulations provide additional examples of reasonable accommodations for employers to consider, including providing a closer parking spot, modifying uniforms, schedule changes and temporarily modifying an employee’s job duties, among others.

The regulations impose limits on documentation that an employer can seek from an employee who requests a reasonable accommodation under the PWFA. Under the regulations, an employer who requests supporting documents is subject to a standard of reasonableness, with the regulations detailing examples of when it would not be reasonable to do so. For example, the regulations provide that an employer must accept an employee’s self-confirmation when the pregnancy is obvious or when an employee seeks one of the accommodations listed by the EEOC as likely to not generally impose an undue hardship.

In addition, the regulations provide further descriptions of the PWFA’s interaction with Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act.

In light of the EEOC’s final rule on the PWFA, employers should ensure that their policies and procedures are up-to-date and in compliance with the PWFA. Supervisors and Human Resources also need to be aware of their new obligations under the Act.

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