On August 11, 2023, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) for enabling rules to the Pregnant Workers Fairness Act (PWFA). Congress passed the PWFA to address gaps left in case law under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act.
The PWFA requires “employers”—defined as companies or individuals who employ fifteen or more employees—to accommodate “pregnancy related” conditions. However, questions remain whether this legislation actually fills in the gaps it was designed to correct.
The Title VII of the Civil Rights Act of 1964 had been interpreted to include prejudice based on pregnancy. Yet, case law showed gaps in protection, specifically about employers adequately providing for accommodations to pregnant workers. There was uncertainty whether the act mandated reasonable accommodations, such as lighter duty or more frequent breaks, for pregnant employees, much like the legal protection provided for persons with disabilities under the ADA.
In creating the PWFA, Congress aimed to rectify this ambiguity. Still, certain unclear terms within the Act makes it less certain whether the PWFA has achieved its purpose.
The term “employers” isn’t well-defined, increasing uncertainty about who is obligated to accommodate pregnant workers under the Act. Additionally, the phrase “pregnancy related” hasn’t been fully clarified, leaving room for interpretation and potentially creating difficulty for workers seeking to exercise their rights under the legislation.
As the EEOC continues to work on establishing definitive rules and clearer definitions for the Act, it’s crucial to understand the current legislation’s limitations, to inform policies and uphold workers’ rights.