iWith the passage of the Pregnant Workers Fairness Act (PWFA), the law on how you accommodate pregnant workers changed last June, and we blogged about it. Then the EEOC issued extensive regulations last August, and we blogged about that. In every state but Louisiana and Mississippi, those regulations went into full effect on June 18, 2024, so to the extent you are not ready for the PWFA, get ready.
The regulations are very long, but here is the EEOC’s Summary of Key Provisions. To refresh your memory, keep these things in mind:
- The EEOC intends for the PWFA to have broad coverage. If an employee asks for any kind of accommodation that touches upon pregnancy or fertility or the termination of a pregnancy, consider whether the PWFA applies (because the EEOC thinks it does). Notably, a court has preliminarily enjoined the rule with respect to “purely elective abortions for employees who are working in Louisiana or Mississippi.”
- You only have to accommodate employees or applicants. The PWFA does not require accommodation “when an employee’s partner, spouse, or family member—and not the employee themselves—has a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.” Also, this law does not require “accommodations for bonding or childcare” (although others might).
- Unlike the ADA, the PWFA may require you to remove essential functions of a job as an accommodation.
- You may deny accommodations only if they would cause an undue hardship.
- You must engage in the interactive process.
- You are only permitted to seek supporting documentation if it is reasonable under the circumstances.
So, get your managers, supervisors, and human resources folks ready, and keep your favorite employment lawyer on speed dial.
