EEOC Issues Final Rule to Accommodate Pregnant Workers
Telework is one of the “reasonable accommodations” cited under a new federal rule to protect pregnant workers and others who have limitations surrounding pregnancy, childbirth, or related medical conditions.
The final rule, issued by the Equal Employment Opportunity Commission (EEOC), implements the Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, 2023, and applies to all public and private sector employers with more than 15 employees.
“This final rule provides important information and guidance to help employers meet their responsibilities, and to jobseekers and employees about their rights,” said EEOC Director Charlotte Burrows.
The regulations bolster the 1990 Americans with Disabilities Act (ADA) and Title VII of the 1964 Civil Rights Act. Pregnancy alone was not considered a disability under ADA, and many requests for accommodations were denied, unless they rose to a very high level.
The EEOC final rule states that reasonable accommodations must be provided to pregnant workers unless they cause “undue hardship” to the employer.
Accommodations include:
· Additional breaks to drink water, eat, or use the restroom
· A stool to sit on while working
· Time off for medical appointments
· Temporary reassignment
· Temporary suspension of certain job duties
· Ability to telework either full-time or part-time
· Time off to recover from childbirth miscarriage, or other issues
· A private place to pump breast milk
The rule encourages frequent communication between employers and employees to “resolve requests for reasonable accommodation in a timely manner.”
Employers can only ask for supporting documentation when it is “reasonable under the circumstances.”
It also prohibits employers from refusing to hire pregnant applicants because they assume they will need accommodations to recover from childbirth.
Conditions Covered
The EEOC released a “non-exhaustive” list of conditions that may be eligible for accommodation under the PWFA such as current pregnancy, past pregnancy, use of birth control, postpartum depression, preeclampsia, infertility and fertility treatments, miscarriage, and abortion.
On the abortion aspect, Republican attorneys general in 17 states, led by Tennessee and Arkansas, filed suit in federal court in Arkansas challenging the rule.
However, the EEOC insists the PWFA does not obligate employers or employer-sponsored health plans to cover abortion-related costs and instead gives un-paid time off for a medical procedure.
The final regulation goes into effect on June 18, 2024.
The EEOC started accepting complaints about violations once the act went into effect last year.
