EEOC Issues Final Rule for Implementing the Pregnant Workers Fairness Act

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a final rule to implement the Pregnant Workers Fairness Act, in hopes that it will provide “important clarity” for pregnant workers and employers alike.

Published on April 19, the new regulation “will allow pregnant workers the ability to work and maintain a healthy pregnancy and help employers understand their duties under the law,” according to an EEOC statement highlighting some of the final rule’s key points. For instance, the regulation provides:

⃰ Numerous examples of reasonable accommodations such as additional breaks to drink water, eat, or use the restroom; a stool to sit on while working; time off for healthcare appointments; temporary reassignment; temporary suspension of certain job duties; telework; or time off to recover from childbirth or a miscarriage, among others

⃰ Guidance regarding limitations and medical conditions for which employees or applicants may seek reasonable accommodation, including miscarriage or still birth; migraines; lactation; and pregnancy-related conditions that are episodic, such as morning sickness

⃰ Guidance encouraging early and frequent communication between employers and workers to raise and resolve requests for reasonable accommodation in a timely manner

⃰ Clarification that an employer is not required to seek supporting documentation when an employee asks for a reasonable accommodation, and should only do so when it is reasonable under the circumstances

⃰ Explanation of when an accommodation would impose an undue hardship on an employer

⃰ Information on how employers may assert defenses or exemptions, including those based on religion, as early as possible in charge processing

“The Pregnant Workers Fairness Act is a win for workers, families, and our economy. It gives pregnant workers clear access to reasonable accommodations that will allow them to keep doing their jobs safely and effectively, free from discrimination and retaliation,” said EEOC Chair Charlotte A. Burrows, in a statement.

“At the EEOC, we have assisted women who have experienced serious health risks and unimaginable loss simply because they could not access a reasonable accommodation on the job. This final rule provides important information and guidance to help employers meet their responsibilities, and to jobseekers and employees about their rights. It encourages employers and employees to communicate early and often, allowing them to identify and resolve issues in a timely manner.”