On April 15, 2024, the EEOC issued its final rule regarding the implementation of the Pregnant Workers Fairness Act (the “PWFA”), a law that went into effect on June 27, 2023. The final rule will be officially published in the Federal Register on April 19th and will go into effect 60 days later.

The EEOC proposed regulations regarding the PWFA and received over 100,000 comments on the proposed regulations. In light of these comments, the EEOC amended the rule to provide clarity for both employers and employees. These changes clarify that while the PWFA requires accommodations for limitations related to or arising out of “pregnancy, childbirth, or related medical conditions,” the EEOC will look to existing Title VII precedent in determining whether a limitation is related to or arises out of pregnancy, childbirth, or other related conditions. The final rule also provides specific examples of limitations that may arise, accommodations that should be provided, and leave as accommodation for appointments, recovery, etc. for pregnancy, recovery from childbirth, and loss of a pregnancy or child.

In light of the EEOC’s final rule on the PWFA, employers should ensure their policies and procedures are up-to-date and that they understand any issues covered by this rule.