Pregnant pause? Lawsuit attempts to halt EEOC’s final PWFA rule

To add to a very busy two weeks of employment law developments, on April 15, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretive guidance to implement the Pregnant Workers Fairness Act (PWFA). The final rule was published in the Federal Register on April 19, 2024, and will become effective 60 days after publication—June 18, 2024. However, on April 25, 2024, Republican state attorneys general from 17 states (including Tennessee) filed a lawsuit against the EEOC in the U.S. District Court for the Eastern District of Arkansas, claiming that because the act encompasses abortion-related protections, it’s unconstitutional.

PWFA refresher

The PWFA requires public and private employers with 15 or more employees to provide “reasonable accommodations” to employees related to pregnancy, childbirth, or related medical conditions unless the accommodations would cause an undue hardship. Accommodations could include allowing pregnant workers to sit or drink water while working; providing them additional break time to use the bathroom, eat, and rest; or allowing them to take leave or time off for medical appointments and/or to recover from childbirth.