Ice Miller partner Abigail Barr will be participating in a Strafford live video webinar titled, "EEOC Pregnant Workers Fairness Act Final Rule: Expansive Regulations, New Framework for Workplace Accommodation."

This CLE webinar will guide employment practitioners through the Equal Employment Opportunity Commission's (EEOC) expansive Pregnant Workers Fairness Act (PWFA) final regulations, effective June 18, 2024, and the impact these will have on employers. The panel will address how the PWFA framework differs from that of the ADA. The panel will also provide examples of what may be considered reasonable accommodation under the PWFA, discuss when employers may seek supporting medical documentation, and offer best practices for compliance.

Description

The EEOC's recently issued final regulations under the PWFA, effective June 18, 2024, take an expansive view of the statute's requirements. While the final rule's requirements track ADA requirements in certain ways, it makes significant departures in others. Employment counsel and their clients should understand the new rule's requirements to make the necessary accommodations for eligible employees and applicants and mitigate the risk of enforcement actions.

The PWFA requires employers with 15 or more employees to provide reasonable accommodation to qualified employees or applicants who are experiencing known limitations related to "pregnancy, childbirth, or related medical conditions," unless doing so would cause the employer "undue hardship." The final regulations broadly define covered medical conditions to include: (1) current, past, and potential pregnancy; (2) childbirth; (3) lactation; (4) use of contraception; (5) infertility treatments; and (6) abortion, among other conditions, including preexisting conditions that have been exacerbated by pregnancy, childbirth, or related medical conditions.

While the PWFA incorporates the definitions of reasonable accommodation and undue hardship found in the ADA, the regulations provide a different framework for determining whether an employee is "qualified" and allow for the temporary suspension of performing essential job functions as reasonable accommodation. Furthermore, even though the final rule largely tracks the ADA related to engaging in the interactive process, it differs in others. For example, the final rule provides that employers must respond to employee requests with "expediency" and encourages granting an interim accommodation while going through the interactive process.

Listen as our expert panel guides practitioners through the EEOC's expansive PWFA final regulations. The panel will discuss employer requirements, compare the final regulations to the ADA's requirements, and offer best practices for compliance.

Faculty

• Abigail Barr, Partner, Ice Miller