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Require an employee to accept an accommodation without a discussion about the accommodation between the worker and the employer.An “undue hardship” is significant difficulty or expense for the employer. The House Committee on Education and Labor Report on the PWFA provides several examples of possible reasonable accommodations including the ability to sit or drink water receive closer parking have flexible hours receive appropriately sized uniforms and safety apparel receive additional break time to use the bathroom, eat, and rest take leave or time off to recover from childbirth and be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy. Employers are required to provide reasonable accommodations unless they would cause an “undue hardship” on the employer’s operations. “Reasonable accommodations” are changes to the work environment or the way things are usually done at work. What are some examples of reasonable accommodations for pregnant workers?.”Covered employers” include private and public sector employers with at least 15 employees, Congress, Federal agencies, employment agencies, and labor organizations. The PWFA protects employees and applicants of “covered employers” who have known limitations related to pregnancy, childbirth, or related medical conditions. Therefore, until June 27, 2023, the EEOC will continue to accept and process Title VII and/or ADA charges involving a lack of accommodation regarding pregnancy, childbirth, or related medical conditions.Īfter June 27, 2023, the EEOC will analyze charges regarding accommodations for workers affected by pregnancy, childbirth, or related medical conditions under the PWFA (if the violation occurred after June 27, 2023) and, where applicable, under the ADA and/or Title VII. In some situations, workers affected by pregnancy, childbirth, or a related medical condition may be able to get an accommodation under Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act (ADA). A pregnant worker who needs an accommodation before June 27th may, however, have a right to receive an accommodation under another federal or state law.

For the PWFA to apply, the situation complained about in the charge must have happened on June 27, 2023, or later. The EEOC will start accepting charges under the PWFA on June 27, 2023.

Is the EEOC accepting charges under the PWFA?.

The EEOC will issue a proposed version of the PWFA regulations so the public can give their input and offer comments before the regulations become final. The EEOC is required to issue regulations to carry out the law. The PWFA goes into effect on June 27, 2023.

When does the PWFA go into effect, and will the public have input on any regulations?.

More than 30 states and cities have laws that provide accommodations for pregnant workers. The PWFA does not replace federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions. Existing laws that the EEOC enforces make it illegal to fire or otherwise discriminate against workers on the basis of pregnancy, childbirth, or related medical conditions. The Pregnant Workers Fairness Act (PWFA) is a new law that requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”

What is the Pregnant Workers Fairness Act?.

This document provides a summary of key portions of the NPRM. The public may submit comments on that page by clicking on the green “Submit a Formal Comment” button until Oct.

7, 2023 and published in the Federal Register on Aug. The NPRM was posted by the Federal Register for public inspection on Aug. Equal Employment Opportunity Commission issued a Notice of Proposed Rulemaking (NPRM) to implement the Pregnant Workers Fairness Act (PWFA).