April 17, 2024
Julie Schumacher
Rembolt Ludtke Employment & Labor Practice Group
On Monday, April 15, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a final rule implementing the Pregnant Workers Fairness Act (“PWFA”). The final rule provides important guidance to employers regarding the types of covered pregnancy-related medical conditions and specific examples of utilizing reasonable accommodations in the workplace. The final rule was over 400 pages, so we’ve attempted to synthesize the key points for practical guidance and implementation in this article.
The PWFA is a federal law that went into effect last summer on June 27, 2023, and requires most employers with 15 or more employees to provide a “reasonable accommodation” for an employee’s or applicant’s known limitations due to pregnancy, childbirth, or related medical conditions, unless such accommodation would cause the employer an “undue hardship.”
Under the PWFA, employers must not:
• Fail to make a reasonable accommodation for the known limitations of an employee or applicant, unless the accommodation would cause an undue hardship;
• Require an employee to accept an accommodation other than a reasonable accommodation arrived at through the interactive process;
• Deny a job or other employment opportunities to a qualified employee or applicant based on the person’s need for a reasonable accommodation;
• Require an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working;
• Punish or retaliate against an employee or applicant for requesting or using a reasonable accommodation for a known limitation under the PWFA, reporting or opposing unlawful discrimination under the PWFA, or participating in a PWFA proceeding (such as an investigation);
• Coerce individuals who are exercising their rights or helping others exercise their rights under the PWFA.
The final rule, which will take effect 60 days from its publication on April 19, 2024, provides additional guidance to employers regarding accommodations for workers impacted by pregnancy. Most notably, the final rule provides the following:
• The final rule clarifies that the limitation need not rise to the level of “disability” under the ADA.
• “Related medical conditions” includes miscarriage, stillbirth, migraines, lactation, morning sickness, and abortion.
• The rule provides concrete examples of accommodations and states that the following will be considered reasonable accommodations in virtually all cases: allowing employees additional breaks to drink water, eat, or use the restroom; allowing the employee to sit or stand as needed.
• The rule clarifies that employers are not required to seek medical documentation when an employee asks for a reasonable accommodation and should only require such supporting documentation when it is reasonable under the circumstances.
• A reasonable accommodation may include the temporary suspension of an essential job function if the employee will be able to resume the essential function “in the near future.” The final rule clarifies that “in the near future” generally means 40 weeks.
The PWFA builds upon existing protections against pregnancy discrimination under Title VII and the ADA as well as state law. With the additional requirements under the PWFA and its implementing regulations, employers should review their policies and practices to ensure their accommodation procedures are compliant.
The Rembolt Ludtke Employment & Labor Law Practice Group is available to assist employers with compliance with the PFWA, as well as other disability and discrimination matters that arise in the workplace.
This article is provided for general information purposes only and should not be construed as legal advice. Those requiring legal advice are encouraged to consult with their attorney.
