EEOC Releases Final Rule Implementing Pregnant Worker Fairness Act
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On Monday, April 15, 2024, the EEOC revealed its final rule implementing the Pregnant Worker Fairness Act. Most observers feel that the EEOC’s position is very pro-employee.
04.16.24
Obviously, it has always been unlawful under the Pregnancy Discrimination Act to discriminate against applicants and employees due to pregnancy or pregnancy-related issues in all aspects of employment such as hiring, firing, promotion, pay and other employment benefits. It also always has prohibited policies that limit or prevent women from doing jobs simply because they are pregnant or of childbearing age.
The EEOC’s rule goes further and may require reasonable accommodations such as:
- Additional sitting.
- Additional breaks to eat and drink water.
- Receiving closer parking.
- Having flexible hours.
- Remote working.
- Receiving appropriately-sized uniforms and safety apparel.
- Additional break times to use the bathroom.
Perhaps the most controversial aspect of the rule is that the EEOC determined that abortion is part of health care and employees are entitled to the protections of the PWFA. The EEOC clarified that “they are not requiring any employers or health care providers to provide or pay for abortions or any travel-related expenses.” The abortion accommodations covered under PWFA would typically include allowing time off for the procedure and recovery. The Commission also stated that it will consider religious objections to providing abortion accommodations on a case-by-case basis.
If you have any questions about this, please contact Chuck Ercole.
Author Chuck Ercole is a partner in the labor & employment practice group at Klehr Harrison.