Move over gender reveals—the Equal Employment Opportunity Commission (EEOC) has taken over the pregnancy announcement circuit by releasing its final regulations for the Pregnant Workers Fairness Act (PWFA or the Act). If you are new to the PWFA, or simply need a refresher, the Act builds upon certain protections within Title VII and the Americans with Disabilities Act (ADA) to provide employees certain reasonable and necessary changes in the workplace to accommodate limitations stemming from pregnancy, childbirth, or related medical conditions. The Act applies to most employers with 15 or more employees but does provide an undue hardship exception in a manner similar to that of the ADA.

Regulations are rarely known for their brevity, so a few highlights from the final rule include:

• Examples of what might constitute a reasonable accommodation under the PWFA such as additional breaks for using the restroom, telework, or time off to attend healthcare appointments or recover from childbirth or a miscarriage; 
• Guidance on the medical conditions or limitations that might prompt a need for an accommodation like morning sickness or migraines; 
• Clarification that an employer should only seek supporting documentation from the requesting employee if it is reasonable under the circumstances, offering the example of a pregnant employee who requires accommodations prior to their first medical appointment; 
• Details on when and how an employer may assert a religion-based defense to a charge of discrimination filed pursuant to the Act; and 
• Information regarding when a requested accommodation may amount to an undue hardship on the employer.

While much of the contents of the final rule was anticipated, perhaps surprising to some was the EEOC’s inclusion of abortion in the definition of “pregnancy, childbirth, or related medical conditions.” Indeed, the EEOC received a staggering 54,000 comments urging the EEOC to exclude abortion from that definition while it received 40,000 comments urging the EEOC to include it. See 88 FR 54719. Ultimately, however, the EEOC stated that the inclusion of abortion in that definition is simply “consistent with the [EEOC]’s and courts’ longstanding interpretation of the same phrase in Title VII,” going on to remind readers that the PWFA “does not regulate the provision of abortion services or affect whether and under what circumstances an abortion should be permitted.” Id.

The EEOC’s final rule and guidance is the culmination of nearly 100,000 public comments collected over a two-month period and was published in the Federal Register on April 15, 2024. We previously covered the EEOC’s proposed rule back in August 2023, and it is worth noting that, despite the volume of comments received by the EEOC, there were no substantial changes between what was proposed and what is now final. 

The final rule takes effect on June 18, 2024, so now is the perfect time to revisit those handbooks and revise those policies. And, as always, Ice Miller is happy to deliver—the revised handbooks, not the babies.

If you have questions about this topic, please contact Abigail Barr, or any member of our Ice Miller Workplace Solutions Group.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.