Pregnant Workers Fairness Act Updated
May 16, 2024The Equal Employment Opportunity Commission (EEOC)
June 21, 2024The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. On April 15, 2024 the EEOC issued its final regulation to carry out the law. The final regulation went into effect yesterday, June 18, 2024.
The Final Rule that Implements the Pregnant Workers Fairness Act Now In Effect
The PWFA is a federal law that will require most employers with 15 or more employees to provide reasonable accommodations for workers dealing with limitations due to pregnancy, childbirth, or related medical conditions. These accommodations are required unless they impose an undue hardship on the employer. Although there have been two recent challenges to the regulations, specifically the provision requiring employers to provide leave for elective abortions, the outcome: one winner and one loser — but the only impact is to employers in Louisiana and Mississippi. For the rest of you, buckle up.

Known Limitation: any physical or mental condition linked to pregnancy, childbirth, or related medical issues that the employee or their representative has informed the employer about, regardless of whether it meets the ADA’s definition of a disability.
Employers must provide reasonable accommodations for pregnancy-related conditions unless it creates an undue hardship. As always, requests for an accommodation – such as time off, change in work shift, or modified duties – should be assessed on a case-by-case basis, making reasonable adjustments where necessary, while also taking into consideration the operational impact on the business.
Can’t get enough of this information? You can click here for more or download this handy poster from the DOL.
As the EEOC’s final rule took effect on June 18, 2024, employers should review their policies and practices regarding pregnancy-related accommodations. While the recent legal decision provides clarity on some aspects, it underscores the importance of staying informed and compliant with the evolving legal landscape.
And remember, everyone loves pregnant ladies.
