The Pregnant Workers Fairness Act (PWFA) affects both private and public employers with at least 15 employees and requires employers to provide reasonable accommodations to employees who have limitations related to pregnancy, childbirth, or related medical conditions; it went into effect on June 27th, 2023. On August 11th, the Equal Employment Opportunity Commission (EEOC) proposed clarification on how to interpret the PWFA, as well as a list of potential accommodations. Here’s what you need to know:
1. The proposed clarification defines temporary” and “in the near future” specifically as they relate to the period of time an employee is unable to perform the essential functions of their job.
2. The EEOC includes specific examples of reasonable accommodations like frequent breaks, light duty, telework, schedule changes, and more.
3. Employers are not required to seek supporting documentation from employees who request accommodation.
Under the PWFA, an employee or applicant is still considered to be qualified for the job even if they cannot perform one or more essential functions of the job—as long as that inability is temporary and they could perform those functions in the near future, and if they can be reasonably accommodated. It is illegal to fire or otherwise discriminate against employees on the basis of pregnancy, childbirth, or related medical conditions.
The public has 60 days (until October 10th, 2023) to provide comments or feedback on the proposed rule; once this period is over, the EEOC will review comments and feedback and decide whether to proceed with the rulemaking process or issue a new or modified proposal. The PWFA requires the EEOC to issue regulations to implement the law by December 29th, 2023.
The PWFA does not replace federal, state, or local laws that are more protective of employees affected by pregnancy or childbirth. If you’d like to learn more about the PWFA, you can read more about it here.
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