What is the Pregnant Workers Fairness Act (PWFA) Final Rule and How Does It Affect Employers?

The EEOC's final rule for the Pregnant Workers Fairness Act (PWFA) takes effect on June 18, 2024, mandating that employers provide reasonable accommodations for a broad range of pregnancy-related conditions, including abortion and lactation, unless it causes an undue hardship. This landmark regulation clarifies employer obligations and employee rights, requiring proactive engagement in the interactive process to determine appropriate accommodations.

What Conditions Are Covered Under the PWFA?

The PWFA's protections are intentionally broad. The term "pregnancy, childbirth, or related medical conditions" encompasses not just current pregnancy but also past pregnancy, potential or intended pregnancy (including infertility and fertility treatment), labor, childbirth, and termination of pregnancy (such as miscarriage, stillbirth, or abortion). It also explicitly includes lactation. This means an employee's need for breaks to express breast milk or a private space to do so falls under the PWFA's purview. The final rule specifies that these protections apply only to the employee's own medical condition, not those of a spouse or family member.

What Are Examples of Reasonable Accommodations?

A reasonable accommodation is any modification or adjustment to a job, the work environment, or the way things are usually done that enables a qualified employee to perform their essential job functions. Based on the EEOC's guidance, common examples under the PWFA include:

• More frequent bathroom, food, or water breaks.
• Allowing an employee to carry a water bottle or sit on a stool.
• Temporary reassignment to a less physically demanding role.
• Modifying a no-food-or-drink policy.
• A change of work site (explicitly added in the final rule).
• Providing a closer parking space.
• Allowing flexible work hours or remote work.
• Time off to recover from childbirth.

The EEOC also provided a notable example regarding lactation, suggesting that allowing an employee to nurse during work hours could be a reasonable accommodation if they ordinarily work near their child.

How Should Employers Handle an Accommodation Request?

The cornerstone of compliance is engaging in a timely, good-faith interactive process with the employee. This is a collaborative dialogue between the employer and employee to identify an effective accommodation. The final rule offers clarity on documentation: employers may ask for supporting documentation to confirm the need for an accommodation, but the request must be reasonable. A note from a healthcare provider explaining the limitation is typically sufficient; extensive medical records are generally not necessary. The goal is to resolve the request promptly without creating unnecessary barriers for the employee.

Employers should note that while the PWFA applies, accommodations for lactation may also be governed by the PUMP Act, and they must comply with all applicable laws.

When Can an Employer Deny an Accommodation?

The only valid reason for denying a PWFA accommodation is if it imposes an undue hardship on the employer's operations. This is a high standard, defined as an action requiring "significant difficulty or expense." Factors considered include the nature and cost of the accommodation, the employer's overall financial resources, and the impact on the workplace. Denials based on speculation, minor inconveniences, or customer preference are not permissible. The burden of proving undue hardship rests with the employer.

To ensure compliance, employers should immediately review their policies, train managers on the new rule, and establish a clear, consistent process for handling accommodation requests.