EEOC’s pregnancy accommodation regulations are broader than you think

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 like, “Is this really what women go through every month?”

Yes, it is, and now, it may be protected by law.

Pregnancy protections

Effective June 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 accommodations will impose an undue hardship on the employer.

This raises the following 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?