After a year’s wait, the Equal Employment Opportunity Commission (EEOC) published final regulations and interpretive guidance for the Pregnant Workers Fairness Act (PWFA). These regulations expand coverage beyond what employers might expect. Employers should become familiar with these requirements and take certain risk-reducing actions before the regulations take effect on June 18.
The regulations provide a substantially lower impairment threshold for accommodation than the Americans with Disabilities Act (ADA). Employers must reasonably accommodate “known limitations” arising from “physical or mental condition(s) related to, affected by, or arising out of pregnancy, childbirth, or related conditions,” regardless of the severity of the condition. This broad definition includes but is not limited to current pregnancy, past pregnancy, potential or intended pregnancy, labor and childbirth. Conditions such as infertility, menstruation, endometriosis, miscarriages, abortions, breastfeeding, pumping, hemorrhoids, nausea, anxiety, and postpartum depression may also be covered. Even preexisting conditions affected by pregnancy, childbirth, or a related medical condition that cause a limitation are included.
For a more in-depth analysis and detailed key action steps for employers, refer to the original article on the Law.com Daily Report.