Pregnant Workers Fairness Act Final Regulations

Embarking on the journey of pregnancy is a profound experience, filled with moments of joy, anticipation, and perhaps a touch of trepidation.   It is like stepping into a whirlwind of emotions and physical changes. As I reflect on my own experiences carrying twins to term, I'm reminded of the sheer resilience and strength required to navigate each trimester with grace and determination. From the initial excitement of discovering the pregnancy to the challenges of managing swollen legs and endless bathroom runs during crucial meetings, every moment was a testament to the incredible journey of motherhood.

Pregnancy isn't just a physical journey – it's a deeply emotional and psychological one as well. As I juggled the demands of work and pregnancy, I often found myself grappling with fatigue, discomfort, and the constant worry of balancing professional responsibilities with the needs of my growing family. I vividly recall moments of exhaustion so profound that I considered stashing a sleeping bag in my office for a much-needed nap during lunch hour, and the challenges of navigating campus terrain with swollen legs just to attend a meeting.

As I navigated the demands of work while pregnant, I was fortunate to have understanding manager and colleagues who accommodated my needs with empathy and flexibility. From providing additional breaks for bathroom runs to adjusting meeting schedules to accommodate my fatigue, their support was instrumental in allowing me to balance my professional and personal responsibilities. 

However, I know not every pregnant worker has received the same treatment.  This is where the new Pregnant Workers Fairness Act (PWFA) comes into play effect June 27, 2023.   On April 15, 2024, the EEOC issued its final regulations on what employer responsibilities under the law.   The  legislation requires covered employers to provide reasonable accommodations to pregnant employees, unless doing so would cause undue hardship. This includes adjustments such as flexible breaks, modified work schedules, and temporary reassignment.  Its primary goal is to prevent discrimination against pregnant workers in the workplace and ensure they receive the support they need to maintain their health and well-being during pregnancy.

Under  PWFA, Employers are required to reasonably accommodate, for example

• Offering additional, extended, or more flexible breaks to allow for hydration, eating, resting, or using restroom facilities.
• Adjusting food and beverage policies to permit the use of personal water bottles or snacks.
• Modifying equipment, tools, or workstations, such as providing a stool for sitting or creating a standing-friendly workspace.
• Adapting uniform or dress code requirements and providing properly fitting safety gear.
• Implementing changes to work schedules, including shortened hours, part-time arrangements, or later start times.
• Facilitating telecommuting options for remote work flexibility.
• Providing temporary reassignment to tasks or roles that better accommodate the employee's needs.
• Granting leave for necessary healthcare appointments related to pregnancy or childbirth.
• Offering light-duty assignments or assistance with tasks involving lifting or manual labor.
• Providing leave for recovery from childbirth or other pregnancy-related medical conditions.

This serves as a foundational list, but it's important to acknowledge that there's a wide array of reasonable accommodations available. Additionally, it's crucial to recognize that these accommodations may require adjustments throughout the course of the pregnancy.

The legislation also specifies instances where documentation is not required to assess reasonable accommodations. These instances include:

1. Allowing an employee to carry water and drink as needed in their work area.
2. Permitting additional restroom breaks for employees.
3. Allowing flexibility for employees whose work involves prolonged standing to sit, and vice versa for those who predominantly sit.
4. Granting breaks for eating and drinking as needed by the employee.
   

Employers must engage in an interactive process with pregnant employees to determine appropriate accommodations, respecting their dignity and privacy throughout the process. It's important to train supervisors and HR personnel on PWFA compliance, ensuring they understand their responsibilities and can respond effectively to accommodation requests.

These final regulations go into effect on June 18, 2024, sixty days after they are published in the Federal Register. 

What are employers doing under the Pregnant Workers Fairness Act (PWFA)?

1. Update your discrimination section of your handbook to include PWFA.
2. Create an internal interactive process.
3. Train HR team and leaders on the new regulation and your internal processes.

Q&A:  Provisions of EEOC’s Final Rule to Implement the Pregnant Workers Fairness Act (PWFA)