New Provisions in Effect for Pregnant Workers Fairness Act

The U.S. Equal Employment Opportunity Commission (EEOC) issued the final regulation to implement the Pregnant Workers Fairness Act (PWFA) on April 15, 2024, with the regulations becoming effective on June 18, 2024.

Key provisions of the final rule, summarized from the EEOC, include[1]:

• Clarifies that pregnancy, childbirth, or related medical conditions refer to those of the specific employee in question;
• Addresses whether the employee could perform the essential function(s) “in the near future” in situations other than during pregnancy is determined on a case-by-case basis;
• The final rule specifies that a physical or mental condition must be “related to, affected by, or arising out of” pregnancy, childbirth, or related medical conditions. It explains that this term is inclusive, meaning pregnancy, childbirth, or related medical conditions do not need to be the sole, original, or substantial cause of the condition for it to be considered “related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions”;
• The final rule explains how, depending on the facts, certain actions may constitute violations of the prohibitions on retaliation and coercion. These actions include failing to provide interim reasonable accommodation, seeking supporting medical documentation or information when not permitted under the PWFA or the final rule, or disclosing confidential medical information.

The PWFA mandates that employers with 15 or more employees provide reasonable accommodations to qualifying employees or applicants with conditions related to pregnancy and/or childbirth.

Click here to read our blog post from January 4, 2023, which outlines employer obligations under the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act.

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.

  [1] https://www.eeoc.gov/summary-key-provisions-eeocs-final-rule-implement-pregnant-workers-fairness-act-pwfa