Protecting Pregnancy: New US EEOC Regulation Enforces Fairness in Workplace Accommodations

On June 18, 2024, the final regulation issued by the U.S. Equal Employment Opportunity Commission to carry out the Pregnant Workers Fairness Act (“PWFA”) became effective.  The PWFA, which applies to private and public sector employers of more than 15 employees, prohibits a variety of actions by employers which relate to employees who have known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. 

According to the PWFA, covered employers may not:

  • Fail to make a reasonable accommodation for the known limitations of an employee or applicant, unless the accommodation would cause an undue hardship

  • Require an employee to accept an accommodation other than a reasonable accommodation arrived at through an interactive process

  • Deny a job or other employment opportunity to a qualified employee or applicant due to the person’s need for a reasonable accommodation

  • Require an employee to go on leave if a reasonable accommodation that would permit the employee to keep working can be provided

  • Punish or retaliate against an employee or applicant for requesting or using a reasonable accommodation or for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding

Employees who believe their employer violated the PWFA should initiate an informal complaint with the EEOC generally within 45 days after the alleged discriminatory conduct occurred, although a variety of exceptions to this timing deadline exist. 

EmploymentCRK LawEEOC, PWFA, Fairness, Employment