The U.S. Equal Employment Opportunity Commission (EEOC) recently issued final regulations for implementing the Pregnant Workers Fairness Act (PWFA). The final regulations come following a 60-day public comment period in which the agency fielded more than 100,000 public comments. The PWFA went into effect on June 27, 2023.
The PWFA requires employers with fifteen or more employees to provide reasonable accommodations for known limitations concerning pregnancy, childbirth, or related medical conditions. The employer need not provide the requested accommodations if they cause the employer undue hardship.
Some examples of reasonable accommodations include the following:
- The ability to access drinking water as needed.
- The ability to sit.
- Longer or more frequent breaks to eat or use the bathroom.
- Closer parking spots.
- More flexible hours or schedules.
- Reassignment from overly strenuous duties or exposure to chemicals that are unsafe for pregnancy.
The PWFA does not preempt federal, state, or local laws that provide greater protections for employees with limitations related to pregnancy, childbirth, or related medical conditions. For example, forty-six states already have some legal protections in place for pregnant or nursing workers.
Nonetheless, the state of Texas sued to enjoin enforcement of the PWFA shortly after it went into effect. A Texas federal district court recently found that the EEOC cannot enforce the PWFA against the state because Congress violated the U.S. Constitution when it passed the law. According to the court, Congress did not have the quorum necessary to enact the PWFA. The EEOC is widely expected to appeal the court's decision to the U.S. Court of Appeals for the Fifth Circuit.
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