Proposed rules spell out new accommodations for pregnant workers

by Tammy Binford

Employers are expected to face new obligations toward accommodating pregnant workers—possibly even temporarily suspending a job’s essential functions—under proposed regulations from the Equal Employment Opportunity Commission (EEOC).

The proposed rules clarify how the EEOC will interpret the new Pregnant Workers Fairness Act (PWFA), which took effect in June.

The proposed rules call for covered employers—those with at least 15 employees—to work with employees who are dealing with pregnancy-related limitations that affect their work. The law requires employers to provide “reasonable accommodations” when necessary up to the point of “undue hardship” on the employer.

Examples of accommodations outlined in the proposed regulations include allowing frequent breaks, schedule changes, telework, job restructuring, closer parking, modified equipment and uniforms, and temporarily suspending one or more essential functions of a job.

The EEOC has posted a summary of the proposed rules that defines terms such as “essential functions,” “reasonable accommodation,” “undue hardship,” and “interactive process.”