The Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. The Equal Employment Opportunity Commission (EEOC) issued its final regulation which are effective as of  June 18, 2024.

The PWFA requires a covered employer (an employer with 15 or more employees) to provide a “reasonable accommodation” to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”

The law applies only to accommodations. Other laws that the EEOC enforces makes it illegal to discriminate against employees or applicants on the basis of pregnancy, childbirth, or related medical conditions. The requirements for making an accommodation are similar to those in the Americans With Disabilities Act.

Of note, the EEOC included abortion in the Act’s definition of “pregnancy, childbirth, or related medical conditions” explaining it is included in the definition for the limited purpose of determining whether an employee qualifies for a workplace accommodation under the PWFA."

 Resources from the  EEOC regarding The Pregnant Workers Fairness Act:

https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act

A summary of the regulation:  https://www.eeoc.gov/summary-key-provisions-eeocs-final-rule-implement-pregnant-workers-fairness-act-pwfa.

The regulations can be found at https://www.federalregister.gov/documents/2024/04/19/2024-07527/implementation-of-the-pregnant-workers-fairness-act