The Equal Employment Opportunity Commission (EEOC) has released final regulations implementing the Pregnant Workers Fairness Act (PWFA). The PWFA, issued last year, requires employers with at least 15 employees to provide reasonable accommodations 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 would cause an undue hardship on the employer.
While the Americans with Disabilities Act (ADA) already requires employers with at least 15 employees to provide reasonable accommodations to employees with a pregnancy-related disability, the PWFA provides more protections to employees. For example, the final regulations emphasize that “known limitations” are covered under PWFA whether or not the condition meets the definition of disability specified under the ADA. Additionally, under the ADA, employers are eligible for an accommodation only if they can perform the essential functions of the job, with or without the accommodation. Under the PWFA, an may be eligible for an accommodation even if they cannot perform one or more essential functions if:
- Any inability to perform an essential function(s) is for a temporary period, where “temporary” means lasting for a limited time, not permanent, and may extend beyond “in the near future”;
- The essential function(s) could be performed in the near future; and
- The inability to perform the essential function(s) can be reasonably accommodated.
The PWFA does not require employers to provide reasonable accommodations to an employee when an employee’s partner, spouse, or family member—and not the employee themselves—has a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. The limitation must be of the specific employee in question.
The final regulation also includes interpretive guidance to help employers comply with PWFA.
