U.S. Equal Employment Opportunity Commission Proposes Robust Application of the Pregnant Workers Fairness Act

Introduction:
The U.S. Equal Employment Opportunity Commission (EEOC) has unveiled a new rule to support the comprehensive implementation of the recently enacted Pregnant Workers Fairness Act (PWFA). This landmark legislation, effective last month following President Joe Biden's endorsement late last year, aims to bolster legal protections for pregnant employees. With bipartisan support from Congress and advocacy from major business groups, the PWFA seeks to clarify employers' obligations and ensure fair treatment for pregnant workers.

 
Key Provisions of the PWFA:
The PWFA mandates that companies provide reasonable accommodations for pregnant workers, such as limitations on heavy lifting and more frequent breaks. Previously, these accommodations were only required if granted to employees with injuries or medical conditions. Under the new proposal, the EEOC has outlined a range of potential accommodations, including part-time or modified work schedules, additional breaks, modified equipment and uniforms, seating, remote work options, and paid or unpaid leave.
 
Moreover, the law permits pregnant workers to request relief from certain essential job functions as long as they can resume them after pregnancy. The proposal acknowledges the significance of supporting pregnant and postpartum workers, which benefits employees and employers by maintaining critical talent and promoting economic security and health.
 
Public Comment Period and EEOC's Call for Feedback:
 
The proposed rule will be officially published on Friday, marking the start of a 60-day public comment period. EEOC Chair Charlotte Burrows has encouraged stakeholders to offer feedback on how the proposal will impact workplaces. The commission seeks input on ways to help employers and workers better comprehend the law, fostering an environment that respects workers' rights and promotes inclusivity.
 
Inclusive Definition of "Related Medical Conditions":
The PWFA extends beyond pregnancy to encompass childbirth and "related medical conditions." The EEOC has clarified that this includes access to support for having an abortion, using birth control, dealing with menstruation, lactation, fertility treatments, and experiencing miscarriages. This comprehensive approach underscores the intent to provide equal protection and support for women facing various reproductive circumstances.
 
Opposition and Religious Exemption Concerns:
Despite the PWFA's broad support, some Republicans expressed concerns about religious employers' accommodation obligations regarding employees who have abortions. Conservative Christian legal group Alliance Defending Freedom, represented by senior counsel Julie Marie Blake, argued that the EEOC's proposed rule could wrongly mandate employers to accommodate illegal abortions. They questioned the administration's authority to include such provisions, implying potential legal challenges to the proposed rule.
 
Potential Impact on Employers:
According to the EEOC's analysis, the PWFA's effects on employers are expected to be minimal. In 2021, women between the ages of 16 and 50 constituted approximately one-third of the U.S. workforce, with less than 5% giving birth in the previous year. This suggests that the workforce's number of pregnant or recently postpartum employees is relatively small.
 
Conclusion:
The U.S. Equal Employment Opportunity Commission's proposal to adopt the Pregnant Workers Fairness Act is a significant step towards strengthening legal protections for pregnant employees and promoting workplace inclusivity. The forthcoming public comment period allows all stakeholders to contribute their perspectives, ensuring a balanced approach that benefits both workers and employers. As this rule moves forward, it has the potential to set a precedent for advancing workplace rights and fostering a more supportive environment for pregnant and postpartum individuals across the nation.