EEOC finalizes rule to implement pregnant worker protection law

The Equal Employment Opportunity Commission issued a final rule April 15 to implement the Pregnant Workers Fairness Act.

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The PWFA was signed into law by President Joe Biden on Dec. 29, 2022, and took effect last June. It requires most employers with at least 15 employees to provide “reasonable accommodations,” or changes at work, for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the changes will cause the employer an undue hardship, according to the EEOC, which is tasked with enforcement and issued proposed regulations Aug. 7 for the PWFA.

The final rule and its accompanying interpretative guidance follows approximately 100,000 public comments received on the proposed regulations and provides clarity about who is covered under the law, the types of limitations and medical conditions covered, and how individuals can request reasonable changes at work, the EEOC said. It also includes various examples of “reasonable accommodations,” such as additional breaks to drink water, eat, or use the restroom or a stool to sit on while working.

The final rule becomes effective 60 days after publication in the Federal Register. Publication is slated for April 19. 

More information about the PWFA and the EEOC’s final rule is available here.

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