Newly Proposed Expansion of Pregnant Workers Fairness Act
The EEOC has recently announced a proposal to expand the Pregnant Workers Fairness Act (PWFA). The EEOC’s proposed rulemaking would add Part 1636 in amending 29 C.F.R. Chapter XIV.
The Massachusetts Pregnant Workers Fairness Act went into effect in April 2018.
The EEOC’s notice of proposed rulemaking provides numerous examples of possible reasonable accommodations while explaining how the commission intends to interpret the PWFA and certain terms in the statute, such as “temporary,” “essential functions,” and “communicated to the employer.”
Section 1636.3 of the proposed regulation elaborates on the definition of “known limitation,” explaining that “known” means that the limitation is communicated by the employee or their representative to the employer, and “limitation” as meaning a “physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions,” including conditions which may be “modest, minor, and/or episodic.”
The proposed regulation also makes clear that a medical condition relating to childbirth or pregnancy includes a wide range of conditions, including fertility treatment, postpartum depression, frequent urination, the use of birth control and lactation.
The proposed regulation provides a non-exhaustive list of reasonable accommodations that may be required of an employer, including job restructuring, part-time or modified work schedules, reassignment to a vacant position, extra work breaks, providing devices to help with lifting, and providing seating for jobs that require standing.
If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
