EEOC issues final PWFA regulations

On Monday, April 15, the Equal Employment Opportunity Commission (EEOC) issued its final Pregnant Workers Fairness Act (PWFA) regulations, which were published in the Federal Register on April 19 and will become effective on June 18. The final regulations clarified and, in some cases, expanded on the proposed regulations the commission issued in August 2023.

Highlights of final regulations

Conditions covered include the same wide range of conditions related to pregnancy outlined in the proposed rule, including fertility and infertility treatments, carpel tunnel, menstruation, postpartum depressions, lactation, changes in hormone levels, miscarriage, stillbirth, and preeclampsia. Despite receiving many letters of comment both for and against the inclusion of abortion, abortion continues to be a covered condition based on the EEOC’s prior coverage under the Pregnancy Discrimination Act.

Reasonable accommodations—which rarely impose an undue hardship—are expanded in the final rule and include permitting employees to carry or keep water nearby, taking breaks to eat and drink as needed, and permitting employees to either stand or sit as necessary.