At long last, the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing the Pregnant Workers Fairness Act (PWFA), has issued a final rule to implement the new law.
The PWFA requires private employers with 15 or more employees (and Congress, Federal agencies, employment agencies, and labor organizations) to make reasonable accommodations for workers affected by pregnancy, childbirth, or related medical conditions unless the employer can demonstrate that doing so would impose an undue hardship. It’s an accommodation-only statute — basically, the Americans with Disabilities Act for pregnancy.
The PWFA took effect last Summer, and the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing the new law, released proposed regulations for public comment. The comment period closed in October.
And then we waited. And we waited.
And we waited some more.
Then, on April 3, three EEOC Commissioners voted to approve the final regulations (two voted against). The final rule will be published in the Federal Register on April 19 and becomes effective 60 days later.
If you’re looking for some analysis of the final regulations, I’m not ready. They are 408 pages, and I have only begun to scratch the surface.
But go ahead and check out the EEOC’s “What You Should Know about the Pregnant Workers Fairness Act” webpage. The EEOC also published a summary of the regulation.
However, by Friday, I’ll be good to go! Not coincidentally, The Employer Handbook Zoom Office Happy Hour will return on April 19, 2024, at Noon ET. Along with my partner, Amy Epstein Gluck, I will discuss the final PWFA rule and take your questions, which you can submit in advance here.
The Zoom is free, but space is limited. You can register for it here.