EEOC Releases Proposed Rule to Implement Requirements for Employers to Provide Reasonable Accommodations for Pregnant Workers
The U.S. Equal Employment Opportunity Commission (EEOC) released a Notice of Proposed Rulemaking (NPRM) to implement the Pregnant Workers Fairness Act (PWFA). Enacted in December 2022, the PWFA requires covered entities to provide reasonable accommodations to a worker’s known limitation related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer undue hardship. For purposes of the PWFA, “covered entities” include public or private employers with 15 or more employees, unions, employment agencies, and the federal government.
The NPRM explains how the EEOC proposes to interpret the PWFA and certain terms in the statute. It also provides examples of possible reasonable pregnancy-related accommodations and seeks input on whether there should be more examples for additional situations. In addition, the EEOC is soliciting information or comments on several issues, including existing data quantifying the proportion of pregnant workers who need workplace accommodations, and existing data on the average cost of pregnancy-related accommodations.
The NPRM is scheduled to be formally published in the Federal Register on August 11, 2023 and will be subject to a 60-day comment period.
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