Published April , 2024
Issued on April 15, 2024, the EEOC’s final regulation implementing the Pregnant Workers Fairness Act (PWFA) (which Act took effect June 27, 2023) provides clarity and extensive examples of reasonable accommodations for employees, such as additional breaks, ergonomic seating, telework options, and time off for medical needs related to pregnancy, childbirth, or conditions like miscarriages and morning sickness. It advises on the necessity for early and regular employer-employee communication to address accommodation needs swiftly and effectively. The regulation also clarifies that employers are generally not required to seek additional medical documentation for accommodation requests unless reasonably justified, explains the criteria for determining undue hardship on business operations, and outlines the possible defenses and exemptions available to employers, including religious-based ones. This guidance integrates the definitions and standards set by the PWFA, Title VII of the Civil Rights Act of 1964, and relevant court decisions. More information from the EEOC on the PWFA can be found here.
