EEOC Issues Regulations on Pregnant Workers Fairness Act
On April 15, 2024, the federal Equal Employment Opportunity Commission (EEOC) issued its final regulations to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The final regulations will go into effect on June 18, 2024.
The PWFA requires employers with 15 or more employees to provide reasonable accommodations to an employee’s “known limitations related to pregnancy, childbirth, or related medical conditions,” unless such accommodation would “impose an undue hardship.” The regulations clarify the ways in which the PWFA differs from the Americans with Disabilities Act (ADA). Among other things, (i) medical conditions related to pregnancy or childbirth do not need to meet the definition of disabilities under the ADA to qualify for accommodations; (ii) employers must provide accommodations that are considered “predictable assessments” related to pregnancy (such as the needs to drink water, take additional restroom breaks, sit while working and take breaks for eating and drinking as needed) without going through the interactive process; (iii) a delay in providing accommodations that are “predictable assessments” may be a violation of the PWFA; and (iv) pregnant employees may be qualified for their jobs even if they temporarily cannot meet one of its essential functions.
As a reminder, since January 2016, New York State law has required employers to provide pregnant workers with reasonable accommodations for any pregnancy-related conditions. New York State law also prohibits pregnancy discrimination and prohibits retaliation against a worker who has complained of pregnancy discrimination, or who has sought and/or been granted a reasonable accommodation for a pregnancy-related condition.
Employers should review and revise their policies and procedures regarding pregnancy and accommodations, and train their supervisors and managers, to ensure they are complying with federal, state and, if applicable, local laws.
If you have any questions or concerns about any federal or state employment laws, please contact Chaim Book at cbook@booklawllp.com, Sheryl Galler at SGaller@booklawllp.com, or Nadav Zamir at NZamir@booklawllp.com.
