The U.S. Equal Employment Opportunity Commission (EEOC) recently issued final regulations implementing the Pregnant Workers Fairness Act (PWFA). The PWFA, which went into effect on June 27, 2023, requires employers with at least 15 employees and other covered entities to provide reasonable accommodations to a qualified employee's or qualified applicant's known limitations related to, affected by or arising out of pregnancy, childbirth or related medical conditions, unless the accommodation would cause undue hardship on the operation of the employer's business.
In its regulations, which are effective beginning June 18, 2024, the EEOC has clarified how it will enforce this statute. Below are some key aspects of the PFWA and regulations:
- The regulations contain a broad definition of "pregnancy,
childbirth or related medical conditions" for which
accommodation may be required.
- "Pregnancy" and "childbirth" include but are not limited to: current pregnancy; past pregnancy; potential or intended pregnancy (which can include infertility, fertility treatment and the use of contraception); labor; and childbirth.
- "Related medical conditions" include but are not limited to: miscarriage, stillbirth or abortion; lactation and conditions related to lactation; menstruation; postpartum depression, anxiety or psychosis; gestational diabetes; endometriosis; changes in hormone levels; and many other conditions.
- "Related medical conditions" also include medical conditions that are not unique to pregnancy or childbirth, such as chronic migraine headaches, nausea or vomiting, high blood pressure, incontinence, carpal tunnel syndrome, and many other medical conditions. These conditions are covered by the PWFA only if the condition relates to pregnancy or childbirth or are exacerbated by pregnancy or childbirth.
- The regulations provide examples of reasonable accommodations
to include:
- Part-time or modified work schedules
- Breaks for use of the restroom, drinking, eating, and/or resting
- Modifications to equipment, uniforms or devices
- Remote work or change of work site
- Unpaid leave
- Temporary suspension of one or more essential job functions
- The regulations also provide examples of accommodations relating to lactation, including space for pumping that is in reasonable proximity to a sink, running water, and refrigeration for storing milk. A pumping space must be private and cannot be a bathroom. Nursing (as distinct from pumping) is also listed as a potentially reasonable accommodation.
Many of the requirements of the federal PWFA and its regulations are also required under the Massachusetts Pregnant Workers Fairness Act, which has been in effect since 2018 and applies to Massachusetts employers with six or more employees. However, in some ways, the federal PWFA goes further than the state law. Under federal law, an employer may be required to relieve an employee of the essential functions of their job (on a temporary basis) as a reasonable accommodation, which is not required by state law.
Additionally, while the Massachusetts statute does not define pregnancy-related conditions, employers should note that the federal regulations define conditions related to pregnancy and childbirth quite broadly, including many conditions not unique to pregnancy or childbirth, as noted above.
Employers should carefully review their accommodation practices to ensure that they are consistent with their obligations under the federal and state versions of the PFWAs.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.