The DAS Equal Employment Opportunity Center of Excellence would like to share an excerpt from the Federal Equal Employment Opportunity Commission (EEOC) technical assistance guidelines regarding the Pregnant Workers Fairness Act. We hope that this excerpt provides helpful information to our readers.
- What is the Pregnant Workers Fairness Act?
Generally, the Pregnant Workers Fairness Act (PWFA) requires a covered employer to provide a “reasonable accommodation” to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”The PWFA applies only to accommodations. Other laws that the EEOC enforces make it illegal to fire or otherwise discriminate against employees or applicants on the basis of pregnancy, childbirth, or related medical conditions.
The PWFA does not replace federal, state, or local laws that are more protective of workers (used here to mean job applicants and employees) affected by pregnancy, childbirth, or related medical conditions. More than 30 states and cities have laws that require employers to provide accommodations for pregnant workers.
- When did the PWFA go into effect and has the EEOC issued a regulation about the law?
The PWFA went into effect on June 27, 2023. On April 15, 2024, the EEOC issued its final regulation to carry out the law. The regulation goes into effect on June 18, 2024. You can find a summary of the regulation at https://www.eeoc.gov/summary-key-provisions-eeocs-final-rule-implement-pregnant-workers-fairness-act-pwfa.
- Is the EEOC accepting charges under the PWFA?
Yes, on June 27, 2023, the EEOC began accepting charges alleging violations of the PWFA.
In some situations, workers affected by pregnancy, childbirth, or related medical conditions may also be entitled to receive an accommodation under two other laws the EEOC enforces, Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act (ADA). Therefore, the EEOC will continue to accept and process charges involving a lack of accommodation regarding pregnancy, childbirth, or related medical conditions under Title VII and/or the ADA as well as under the PWFA.
4. Which employers does the PWFA apply to?
The PWFA applies to private employers and public sector employers (state and local governments) that have 15 or more employees. It also applies to Congress and Federal agencies, and to employment agencies and labor organizations.
To read the full technical assistance questions and answers guidelines provided by the Equal Employment Opportunity Commission, please click here: What You Should Know About the Pregnant Workers Fairness Act | U.S. Equal Employment Opportunity Commission (eeoc.gov)
Please note that DAS has a zero tolerance policy regarding discrimination or harassment on the basis of a protected class by anyone, including any supervisor, co-worker, vendor, client or customer, whether in the workplace, at assignments outside of the workplace, at DAS-sponsored social events. All of our policies are distributed annually to DAS employees and can be accessed here:https://portal.ct.gov/DAS/Commissioners-Office/Equal-Employment-Opportunity/DAS-Equal-Employment-Opportunity-Information/Documents.
