New rules provide pregnant workers 'with access to support on the job to keep working, which helps employers retain critical talent,' says chair
The Equal Employment Opportunity Commission (EEOC) has issued its proposed rules to implement the Pregnant Workers Fairness Act (PWFA) which came into effect last month.
The PWFA, which President Joe Biden signed into law last year, requires companies to provide accommodations for a worker’s “known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship,” said the EEOC in a statement. These include reduced lifting requirements and more frequent breaks.
Such accommodations were previously only required of companies that also offered them to other employees who were injured or ill, according to Reuters.
“The PWFA is a step forward for workers, families and the economy. This important new civil rights law promotes the economic security and health of pregnant and postpartum workers by providing them with access to support on the job to keep working, which helps employers retain critical talent,” said EEOC Chair Charlotte A. Burrows.
“The EEOC’s bipartisan proposed regulation furthers the agency’s leadership role in fulfilling the promise of the PWFA’s protections. We encourage the public to provide meaningful feedback about how the proposal would impact workplaces and ways to assist employers and workers in understanding the law.”
The EEOC’s proposal, which will be formally published on August 11, 2023, adds a long list of new accommodations available to pregnant workers, such as modified equipment and uniforms, remote work, and modified or part-time work schedules, Reuters reported.
The statement will be posted and available for feedback for 60 days starting Friday. It also includes examples of possible accommodations available under the rules, and how they are implemented, and interprets terms such as “communicates to employer” and “essential functions”.
“The regulation provides concrete, real-world examples that help workers understand their rights and help employers comply with the new law and reap the benefit of retaining skilled employees,” said EEOC vice chair Jocelyn Samuels.
The EEOC is the government agency responsible for implementing and enforcing the PWFA, as well as Title VII of the Civil Rights Act, which the pregnancy laws build on.
The EEOC began accepting PWFA charges on July 27, 2023, the day the law came into effect.
