The Equal Employment Opportunity Commission (EEOC) has issued final regulations interpreting the Pregnant Workers Fairness Act. The PWFA, which became law in 2022, codifies the right to request reasonable accommodations for pregnancy-related limitations. The expansive implementing regulations adopted by the EEOC’s Democratic majority, which are similar to the proposed regulations published last August, are almost certain to be challenged in court as going beyond Congressional intent.
Perhaps the most contentious portion is the broad definition of the terms “pregnancy, childbirth, and related medical conditions” to include use of birth control, menstruation, infertility and fertility treatments, lactation, and the decision on whether or not to have an abortion. A particularly controversial provision would require an employer to excuse an employee from performing an essential job function for more than 40 weeks in some circumstances.
The final PWFA regulation will be published in the Federal Register April 19. The regulation will take effect June 18, 2024.
CWC has scheduled a Members Only Web Workshop on Tuesday, April 30, 2024, at 3:00 p.m. EDT. Registration information is online.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.