Final Pregnant Workers Fairness Act Maintains Broad Definitions for Conditions Requiring Accommodation

The Equal Employment Opportunity Commission (EEOC) has submitted its final Pregnant Workers Fairness Act (PWFA) which will take effect June 19, 2024.

The final rule includes the EEOC’s stance that applicable conditions requiring accommodation include those “having, or choosing not to have, an abortion.” The EEOC maintains that such language is in line with how courts and the agency has interpreted “pregnancy, childbirth or related medical conditions.”

The PFWA took effect in June 2023 and requires that covered employers provide reasonable accommodations to qualified applicants and employers with known limitations due to pregnancy, childbirth or related medical conditions, to include recovery from childbirth and/or abortion.

Employers are prohibited from denying qualified applicants and employers from a job or employment opportunity because of their need for reasonable accommodation or requiring an employee to accept an accommodation without engaging in the interactive process with the employee.

For more information regarding the PWFA or to inquire about training opportunities to ensure that your compliance with the PWFA, please contact Theresa Zechman and Lisa M. Scidurlo.