Important Takeaways from the EEOC’s Proposed Regulations to Implement the Pregnant Workers Fairness Act

On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published proposed regulations to implement the Pregnant Workers Fairness Act (PWFA), which went into effect nationwide on June 27, 2023. Under the PWFA, employers must provide employees with accommodations for known limitations related to pregnancy, childbirth or related medical conditions unless the accommodation would cause the employer undue hardship.

The proposed regulations offer insight on how the EEOC will interpret and enforce the PWFA. Key takeaways for employers include:

• As with the EEOC’s interpretation of the Americans with Disabilities Act (ADA), under the PWFA, an employee is “qualified” if the individual is able to perform the essential functions of the position with or without reasonable accommodation. Unlike the ADA, the employee may also be qualified if the individual cannot perform one or more essential job functions “temporarily,” that is, for the duration of a normal pregnancy.
• The proposed regulations include a broad list of conditions that the EEOC has concluded generally fall within the statutory definition of pregnancy, childbirth or related medical conditions, including current pregnancy, past pregnancy, potential pregnancy, lactation, use of birth control, menstruation, infertility and fertility treatments, endometriosis, miscarriage, stillbirth or abortion, among other conditions.
• The proposed regulations include a comprehensive list of examples of potential reasonable accommodations, including job restructuring, part-time or modified work schedules, reassignment and more frequent breaks.

For more important takeaways, see the attached Client Alert.

Our Labor & Employment Law team is available to help employers navigate their compliance with the PWFA and related regulations and guidance, and to provide counseling and assistance in addressing accommodation requests and updating employment handbook policies.