The U.S. Equal Employment Opportunity Commission (EEOC) issued a final rule and interpretative guidance (Regulations) to implement the Pregnant Workers Fairness Act (PWFA), which goes into effect June 18, 2024.
The PWFA and its implementing Regulations apply to public and private employers with 15 or more employees, unions, employment agencies, and the Federal Government. The PWFA and its implementing Regulations require covered entities to provide reasonable accommodations to a qualified employee’s or applicant’s known physical or mental conditions arising out of pregnancy, childbirth, or related medical conditions.
Under the PWFA, a reasonable accommodation means a change to the work environment or how things are usually done to remove or alleviate barriers to equal employment opportunity. As with all reasonable accommodations, an employer retains the ability to establish that the reasonable accommodation will cause the employer an “undue hardship.” An undue hardship is a broad concept defined, under federal law, as causing significant difficulty or expense for the operation of the employer.
While the Regulations discuss myriad possible accommodations, they specify the following four job modifications as those often sought by pregnant employees that, in virtually all cases, will be found to be reasonable accommodations that do not impose undue hardship:
(1) Carrying or keeping water near and drinking, as needed;
(2) Allowing additional restroom breaks, as needed;
(3) Allowing sitting for those whose work requires standing and standing for those whose work requires sitting, as needed; and
(4) Allowing breaks to eat and drink, as needed.
In advance of the Regulations June 18 effective date, employers should review their current accommodation policies and processes for compliance with the requirements of the PWFA and its Regulations. Employers should also take this opportunity to ensure compliance with related state and local laws.
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