Further to our previous PERKS post on the federal Pregnancy Workers Fairness Act — Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) released proposed regulations (2023-17041.pdf) for implementing the Pregnant Workers Fairness Act (PWFA), a law enacted in late 2022 that requires employers to provide reasonable accommodations to employees with pregnancy-related limitations.
The proposed rule, which is set to be published in the Federal Register on Friday, provides proposed interpretations of certain terms in the PWFA and examples of possible reasonable accommodations. It also solicits information and comment on particular issues, including existing data quantifying the proportion of pregnant workers who need workplace accommodations and existing data on the average cost of pregnancy-related accommodations.
There will be a 60 day public comment period, after which the EEOC will review the comments before deciding if and how to modify the proposed regulations before issuing finalized ones by the PWFA’s December 29, 2023 deadline.
While the regulations are not yet finalized, employers should be aware that the EEOC began accepting charges alleging violations of the PWFA on June 27, 2023, the law’s effective date.
The EEOC has released certain material on the PWFA for employers already, called “What You Should Know About the Pregnant Workers Fairness Act,” including a webinar for employers, an informational poster for healthcare facilities, tips for workers to request accommodations, a short video series, and a revised “Know Your Rights” poster required to be posted in most workplaces. (What You Should Know About the Pregnant Workers Fairness Act | U.S. Equal Employment Opportunity Commission)
Employers should also remain mindful that the federal PWFA does not supersede any applicable state or local laws that require employers to provide reasonable accommodations to employees with pregnancy-related limitations.