The Pregnant Workers Fairness Act, passed with bipartisan support in December 2022, provides pregnant employees with the right to a variety of accommodations to address pregnancy-related conditions. The Equal Employment Opportunity Commission (EEOC) adopted new regulations to enforce the law, including provisions for issues like abortion, fertility treatment, and birth control. The regulations aim to address routine difficulties of pregnancy, such as morning sickness and back pain, and offer guidelines for accommodations like more frequent bathroom breaks.
The law treats pregnancy and related conditions as deserving of “reasonable accommodations” and places the burden on employers to prove “undue hardships” before denying any requests. It applies to employers with at least 15 workers and is estimated to cover approximately 1.5 million pregnant workers each year. The regulations, published on April 15, are set to go into effect in June. Workers are entitled to unpaid time off for various pregnancy-related situations and can request flexible working arrangements to address issues like morning sickness and sciatica.
Employers must offer reasonable alternatives to accommodate workers’ requests and cannot deny accommodations without proving undue hardships. The EEOC regulations emphasize that the process for requesting accommodations should not be complicated for pregnant workers, who do not have to provide extensive documentation or cite specific laws. Workers can file complaints with the EEOC if their requests are denied illegally.
The controversial decision to include abortion in the law’s coverage has drawn criticism from Republican lawmakers and could lead to further legal challenges. While the law is intended to protect pregnant workers, a federal judge in Texas blocked its enforcement for state employees, citing constitutional concerns raised by Texas Attorney General Ken Paxton. The EEOC has received complaints alleging violations of the law and will play a crucial role in enforcement and raising awareness of workers’ rights.
The law has had a positive impact on many low-wage workers, with some reporting that their employers have become more accommodating since its implementation. A Better Balance, a non-profit organization that spearheaded the campaign for the law’s passage, has received positive feedback from workers who have benefited from the law. Enforcement, awareness, and education will be key factors in ensuring the success of the Pregnant Workers Fairness Act and its regulations.
Overall, the new regulations bring significant changes to the workplace culture for pregnant employees, providing them with greater protections and accommodations. The EEOC’s guidelines offer clarity on how employers should handle requests for accommodations related to pregnancy and childbirth, ultimately aiming to create a more supportive and inclusive work environment for pregnant workers.
