EEOC’s Pregnant Worker Rules May Increase Employment Litigation as Clarity Sought

The U.S. Equal Employment Opportunity Commission’s (EEOC) proposed rules implementing the Pregnant Workers Fairness Act (PWFA) could trigger an uptick in job-related litigation, according to employment lawyering professionals. The new guidelines deal with workplace accommodations for employees undergoing pregnancy or related conditions. This could create disagreements concerning whether employers have met the accommodation requisites as per the upcoming rules.

As recorded in National Law Journal, the PWFA went live on June 27. It mandates that employers should provide reasonable accommodations to any employee physically restricted due to pregnancy or related medical conditions. However, exceptions are permissible if these accommodations inflict undue hardship on the employer. Employment lawyers anticipate these new measures could cause a rise in employment litigation as the terms for “reasonable accommodation” and “undue hardship” could become points of contention.

Attorney Bryn Goodman forecasts the Act being a key changer in reshaping employer and societal perspectives on pregnancy in the workplace. Being a significant topic, both legal professionals and corporate entities will be keenly monitoring its impact in its early stages.