EEOC expands employers’ requirements to accommodate under PWFA

On April 19, 2024, the Equal Employment Opportunity Commission (EEOC) issued a final rule to implement the Pregnant Workers Fairness Act (PWFA), which became effective on June 18, 2024. The PWFA requires employers to grant employees reasonable accommodations based on a physical or mental condition arising from pregnancy, childbirth, or other related medical conditions. Importantly, the PWFA affects requests for accommodations only and doesn’t govern discriminatory behavior or other adverse employment actions, such as termination.

Reasonable accommodations

Under the PWFA, you must make reasonable accommodations for the known limitations of an employee or job applicant. A reasonable accommodation is a change in the work environment, or the way things are typically done at work. This can include things like:

• Longer, more flexible breaks to eat, drink water, or use the restroom;
• Giving the employee the option to work remotely;
• Changing a uniform or dress code;
• Providing a reserved parking space; or
• Allowing light duty to avoid strenuous manual labor.

To qualify under the PWFA, an employee must be able to perform the essential functions, (i.e., fundamental duties) of the job with or without a reasonable accommodation. An employee may still qualify under the PWFA even if they are unable to perform essential functions of their job if: