Ruling Clarifies Employer’s Obligations under New Federal Law
In 2022, the U.S. Congress approved and President Biden signed into law a new federal statute, known as the Pregnant Workers Fairness Act, affording workers certain protection when expecting a child, in childbirth or when experiencing other medical conditions. Though the new law has been on the books for nearly a year and a half, and technically went into effect on June 27, 2023, the Equal Employment Opportunity Commission just recently issued the final regulation to allow the law to be carried out. The Final Rule will become effective on June 18, 2024.
What Protections Does the Pregnant Workers Fairness Act Provide?
Under the statute as written, a covered employer must make a “reasonable accommodation” got any qualified worker’s known limitations resulting from or connected with pregnancy, childbirth and related medical conditions, unless doing so constitutes an “undue hardship.” The PWFA applies to all public and private sector employers with 15 or more employees, as well as to Congress, all federal agencies, employment agencies and labor organizations. The law specifically prohibits:
- Failing to make a reasonable accommodation, as stated above
- Mandating that an employee accept any accommodation other than one resulting from an interactive process
- Subjecting an employee to an adverse employment action because of the need for a reasonable accommodation under the act
- Compelling an employee to take leave if a reasonable accommodation is available that would allow the employee to keep her job
- Any kind of punishment or retaliation related to the request for or use of a reasonable accommodation under the act
What Does the Final Ruling Address?
The Final Ruling identifies certain actions by an employer that are per se reasonable (reasonable as a matter of law, such as granting additional bathroom, food and hydration breaks, greater access to water or other beverages, and permission to sit or stand. The ruling also notes that other accommodations may be reasonable, though not as a matter of law. Such accommodations include job reassignment, paid leave, job restructuring and modification of work schedules.
The Final Ruling also includes a partial list of the related medical conditions that are covered under the act, such as stillbirth, miscarriage, lactation, use of birth control and abortion.
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