EEOC’s final pregnancy regs as broad as 2023 and likely to grow with time

Anyone scrolling YouTube in the evenings has likely come across a humorous video of men trying their luck at a “period pain” machine, which simulates the pain and discomfort many women experience on a monthly basis from menstruation. In the videos, the men are usually in agony by the time the highest setting is applied, and at least one usually exclaims something to the effect of, “Is this really what women go through every month?”

Yes, it is, and now, it’s officially protected by law.

PWFA recap

Enacted in 2023, the Pregnant Workers Fairness Act (PWFA) requires covered employers—meaning businesses with 15 or more employees—to provide reasonable accommodations to qualified employees or applicants with known limitations related to, affected by, or arising out of pregnancy, childbirth, or “related medical conditions,” unless the accommodation will cause an undue hardship on the operation of the employer’s business.

This raises the questions: What medical conditions are “related” to pregnancy and childbirth, and what should employers consider when analyzing requests for reasonable accommodations under the PWFA?

What constitutes a condition related to pregnancy?