[US] Final rule implementing Pregnant Workers Fairness Act issued

On April 15 in the US, the Equal Employment Opportunity Commission (“EEOC”) issued a preview notice of the final rule implementing the Pregnant Workers Fairness Act (“PWFA”). JD Supra breaks down the Act and the changes the final rules will bring.

The PWFA came into effect on June 27, 2023, with the EEOC publishing its proposed regulations on the PWFA in the Federal Register in August 2023. The final rule was published in the Federal Register on April 19, 2024. It is expected to take effect on June 18, 2024.

The PWFA reportedly applies to all private and public sector employers with at least 15 employees. It expands existing protections under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (“ADA”).  The PWFA’s primary objective is to ensure that covered employers provide reasonable accommodations to qualified employees affected by pregnancy, childbirth, or related medical conditions.  

Employers are not, however, required to provide an accommodation that would cause an undue hardship to business operations.

According to JD Supra, the EEOC’s final rule addressed approximately 100,000 public comments received about the proposed regulations. Many employers and employees had asked for clarity about the individuals and types of limitations and conditions covered and the process for addressing employee accommodation requests.  

The final rule and accompanying interpretative guidance give examples of reasonable accommodations, what constitutes a medical limitation and when an accommodation would impose an undue hardship on an employer. The final rule confirms that employers should follow the interactive process framework laid out under the ADA when evaluating PWFA accommodation requests.

Three key changes were made from the proposed regulations to the final rule. References to the terms “applicant” and “former employee” were removed from the regulation because the statutory definition of “employee” reportedly encompasses both applicants and former employees. 

The term “worker” was also replaced with “employee” throughout the regulation. In addition, the EEOC removed sections of the proposed regulations on employees covered by the Congressional Accountability Act of 1995 because the Commission doesn’t have authority to regulate them.

Source: JD Supra

On April 15 in the US, the Equal Employment Opportunity Commission (“EEOC”) issued a preview notice of the final rule implementing the Pregnant Workers Fairness Act (“PWFA”). JD Supra breaks down the Act and the changes the final rules will bring.

The PWFA came into effect on June 27, 2023, with the EEOC publishing its proposed regulations on the PWFA in the Federal Register in August 2023. The final rule was published in the Federal Register on April 19, 2024. It is expected to take effect on June 18, 2024.

The PWFA reportedly applies to all private and public sector employers with at least 15 employees. It expands existing protections under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (“ADA”).  The PWFA’s primary objective is to ensure that covered employers provide reasonable accommodations to qualified employees affected by pregnancy, childbirth, or related medical conditions.  

Employers are not, however, required to provide an accommodation that would cause an undue hardship to business operations.

According to JD Supra, the EEOC’s final rule addressed approximately 100,000 public comments received about the proposed regulations. Many employers and employees had asked for clarity about the individuals and types of limitations and conditions covered and the process for addressing employee accommodation requests.  

The final rule and accompanying interpretative guidance give examples of reasonable accommodations, what constitutes a medical limitation and when an accommodation would impose an undue hardship on an employer. The final rule confirms that employers should follow the interactive process framework laid out under the ADA when evaluating PWFA accommodation requests.

Three key changes were made from the proposed regulations to the final rule. References to the terms “applicant” and “former employee” were removed from the regulation because the statutory definition of “employee” reportedly encompasses both applicants and former employees. 

The term “worker” was also replaced with “employee” throughout the regulation. In addition, the EEOC removed sections of the proposed regulations on employees covered by the Congressional Accountability Act of 1995 because the Commission doesn’t have authority to regulate them.

Source: JD Supra