Margaret Gentzen, Attorney
Haley Spiewak, Law Clerk
On June 18th, 2024, the Pregnant Workers Fairness Act (PWFA) final rule will take effect. Under the PWFA, employers with 15 or more employees are required to provide reasonable accommodations to qualified employees with limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause the employer undue hardship. The new rule clarifies that abortion, miscarriage, and stillbirth apart of the EEOC’s definition of “related medical conditions.” However, the PWFA accommodations for abortions will be limited, including leave from work for the procedure.
The Act offers greater protection than the Americans with Disabilities Act by not requiring the employee to perform the essential job function so long as it is for a limited time period and the essential function can be resumed in the near future. An employer is prohibited from requiring an employee to take leave if another reasonable accommodation may be provided.
Currently, the PWFA is being litigated across the county. 17 states have opposed the passage of the PWFA and filed suit seeking to stop the EEOC’s rule from taking effect, citing increased costs and infringement on states’ sovereignty due to restrictions or prohibitions on abortions. This includes Missouri, Louisiana, Mississippi, and more. Led by New York’s attorney general, 23 other states have created a coalition in support of the PWFA rule. The coalition has filed a memorandum with the Arkansas district court in opposition of the 17 states currently litigating the Act. States in support include Illinois, Colorado, California, Minnesota, and others.
Although litigation continues, employers should be prepared for the new rule to take effect June 18th, 2024. Various examples of reasonable accommodations under the PWFA that employers should be aware of include:
- Lactation accommodations such as nursing during work hours
- Additional breaks to sit, eat, drink water, or use the restroom
- A stool to sit on while working
- Closer parking
- Flexible hours
- Appropriately sized uniforms and safety apparel
- Leave to recover from childbirth or miscarriage
- Temporary reassignment or suspension of certain job duties that are not safe for pregnancy
- And more
If you are an employer that has more questions regarding the PWFA, contact Fox Smith at 314-588-7000.