The U.S. Equal Employment Opportunity Commission (EEOC) issued final regulations implementing the Pregnant Workers Fairness Act (PWFA). The final regulations clarify employer obligations to provide reasonable accommodations to employees and applicants affected by pregnancy, childbirth, or related medical conditions and will become effective on June 18, 2024.

Under the PWFA, employers must provide reasonable accommodations unless doing so would cause undue hardship. These accommodations can vary from simple adjustments, such as altering work hours to manage morning sickness, to more extensive measures like pausing duties that could threaten maternal or fetal well-being. Employees need not use specific terms when making requests; rather, once an accommodation is requested, employers should engage in an interactive process to determine suitable adjustments. It is important for employers to understand that accommodation needs may vary over the course of pregnancy, recovery from childbirth, or as related medical conditions change, necessitating potentially different accommodations for the same employee at different times.

The final regulations emphasize that in many cases, a simple conversation between the employee and employer should suffice to understand the basis of the accommodation request. This approach underlines that employers often do not need extensive medical documentation to ascertain the necessity of an accommodation. Employers should limit such requests to situations where the request and/or need for an accommodation is unclear or particularly complex.

Employers should also note that the EEOC's regulations under the PWFA explicitly include abortion as part of "pregnancy, childbirth, or related medical conditions," requiring reasonable accommodation for needs related to abortion. The final regulations also make clear that:

• Employers should provide interim accommodations while engaging in the interactive process;
• Time away from work for bonding and childcare is not covered by the PWFA; and,
• There is no right to an accommodation under the PWFA based upon an employee’s association with someone who has a PWFA covered limitation.

Training first-level supervisors is critical to ensuring compliance with the PWFA as they are likely to be the initial contacts for accommodation requests. Proper training should include how to handle such requests and the importance of avoiding retaliation against those who seek accommodations.

The EEOC's final regulations provide a framework for supporting pregnant workers through reasonable accommodations. Employers should review and update their policies and training programs to align with these new requirements, ensuring they are prepared to comply with the law and support their employees' well-being in the workplace.

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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.