On April 19, the U.S. Equal Employment Opportunity Commission a to implement the , which has been in effect since June 27, 2023. , the PWFA requires most employers with 15 or more employees 鈥渢o provide a 鈥榬easonable accommodation鈥� to a qualified employee鈥檚 or applicant鈥檚 known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an 鈥榰ndue hardship.鈥欌�� The final听rule goes into effect on June 18.

The final regulation provides guidance on what constitutes a limitation under the PWFA, reasonable accommodations, employee-employer communication practices and when accommodations may impose an undue hardship on an employer. It also provides information on employer defenses or exemptions, such as those based on religion.

In December 2022, the PWFA was signed into law as part of , the Consolidated Appropriations Act, 2023. Specifically, the PWFA requires that employers provide reasonable accommodations to workers with qualifying limitations and prohibits employers from denying employment opportunities because of the need for accommodations, retaliating against employees for requesting accommodations and forcing employees to take leave when an accommodation is possible.

ABC鈥檚 general counsel, Littler Mendelson, states the following in its of the final rule, 鈥�Employers should become familiar with the final regulations and the examples of reasonable accommodation in the EEOC鈥檚 interpretive guidance to better understand their obligations under the PWFA and how the EEOC will be interpreting and enforcing it in specific cases. Employers also may want to work closely with counsel to update any pregnancy accommodation policies and related forms to ensure that they comply with the final regulations.鈥�

EEOC Resources:

To learn more, visit and see 老牛影视general counsel Littler Mendelson鈥檚 on the rule.