On April 15, 2024, the United States Equal Employment Opportunity Commission issued its Final Rule which implements the Pregnant Workers Fairness Act and provides interpretative guidance for both employers and employees.
KingSpry’s Employment Law Chair, Avery E. Smith, Esq., has kept abreast of both the Pregnant Worker’s Fairness Act and the EEOC’s Proposed Rule. She details what the EEOC’s Final Rule means and how employers can ensure compliance with the new regulation.
Timeline
The Pregnant Workers Fairness Act (“PWFA”) took effect on June 27, 2023, requiring all covered employers to provide reasonable accommodations to workers and applicants limited by pregnancy, childbirth, or related medical conditions.
On August 7, 2023, the United States Equal Employment Opportunity Commission (“EEOC”) issued a Notice of Proposed Rulemaking to implement the PWFA. Through this action, the EEOC intended to increase its leadership role in fulfilling the promise of the PWFA’s protections.
Recap: What is the Pregnant Workers Fairness Act?
The PWFA requires all employers to provide reasonable accommodations to workers and applicants limited by pregnancy, childbirth, or related medical conditions. The PWFA defines “reasonable accommodations” as changes to the work environment or the routine way tasks are completed in the workplace.
Examples of reasonable accommodations include the ability to sit, receive closer parking, receive additional break times, be excused from strenuous activities that are not safe during pregnancy, and access to appropriate-fitting uniforms and safety apparel.
EEOC’s Final Rule
On April 15, 2024, the EEOC issued the Final Rule to implement the PWFA. The Final Rule provides clarity for employers and workers about who is covered, the types of limitations and medical conditions covered, how individuals can request reasonable accommodations, and numerous concrete examples.
What Does the Final Rule Say?
The key provisions of the Final Rule are as follows:
- Coverage: The PWFA covers employers, employees, applicants, and former employees who are currently covered by (1) Title VII of the Civil Rights Act of 1964; (2) the Congressional Accountability Act of 1995; (3) the Government Employee Rights Act of 1991 (GERA); or (4) section 717 of Title VII, which covers federal employees.
- Remedies and Enforcement: The procedures for filing a charge or claim under the PWFA are the same as under the above-mentioned laws. However, the EEOC will be changing its administrative procedures to identify how employers can raise defenses in response to EEOC charges.
- Definitions: The following terms and phrases are defined for clarity: “known limitation,” “pregnancy, childbirth, or related medical conditions,” “qualified,” “essential function,” “reasonable accommodation,” “undue hardship,” “interactive process,” and “supporting documentation.”
- Requesting an Accommodation: The Final Rule explains that a request for an accommodation has two parts: (1) the applicant must identify the limitation (the physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions); and (2) the applicant must identify that they need an adjustment or change due to the limitation. This does not need to be done in writing—a simple conversation is a sufficient request.
- Inclusion of Abortion: The Final Rule includes abortion in its definition of “pregnancy, childbirth, or related medical conditions.” The Final Rule does not compel employer-sponsored health plans to cover any abortion-related costs. However, the Final Rule permits employees to seek reasonable accommodations and/or time off for their recovery.
Effective Date
The Final Rule will be published in the Federal Register on April 19, 2024, and take effect in the third week of June 2024.
Key Takeaways for Employers
The PWFA and EEOC’s Final Rule apply to private and public sector employers that have fifteen (15) or more employees. Employers should review and update their accommodation policies to ensure that they comply with the standards set forth in the PWFA and the Final Rule.
Employers should also provide proper training to their human resources and management personnel involved in evaluating accommodation requests to ensure that no worker is denied their right to a reasonable accommodation.
The Employment Law attorneys at KingSpry are a trusted resource for providing employment law advice, counsel, and representation. If your company has questions regarding the Pregnant Workers Fairness Act or the EEOC’s New Regulation, KingSpry can help.
