EEOC issues complex PWFA regs for complicated and uncertain process

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release indicating that its Pregnant Workers Fairness Act (PWFA) regulations would be published in the Code of Federal Regulations on April 19, 2024, with an effective date 60 days after publication, June 18. These are the regulations that support the PWFA, which has been enforced by the EEOC since June 27, 2023.

Who is affected, what’s prohibited

The PWFA applies to employers of 15 or more employees and requires broad-based and far-ranging accommodations for pregnant workers, previously pregnant workers, or workers who are attempting to get pregnant. The statute (see Section 1636.1) indicates the covered entity must make reasonable accommodations to the known limitations of a qualified employee “related to pregnancy, childbirth, or related medical conditions absent undue hardship.”

The regulations prohibit: