EEOC published proposed PWFA regulations

On August 11, the Equal Employment Opportunity Commission (EEOC) published its proposed regulationsfor the Pregnant Workers Fairness Act (PWFA) in the Federal Register. The PWFA—which became effective on June 27—requires covered employers to provide reasonable accommodations to qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless such accommodation would be an undue hardship on the operations of the business. The EEOC is required to finalize the regulations by the end of the year, so interested stakeholders have until October 10 to submit comments.

Covered conditions expanded

The PWFA covers a wider category of workers than just those who are expecting. The proposed regulations include a thorough list of pregnancy-related conditions such as current, past, or potential pregnancy, lactation, birth control usage, menstruation, infertility and treatments, endometriosis, and miscarriage and still birth, as well as choosing or not choosing to have an abortion. The proposal then lists additional items the law covers such as nausea, postpartum depression, carpal tunnel, migraines, and dehydration but makes clear it isn’t comprehensive.