On April 19, 2024, the U.S. Equal Employment Opportunity Commission (EEOC or the “Commission”) unveiled its final rule (“Final Rule”) and interpretive guidance, a crucial step in implementing the Pregnant Workers Fairness Act (PWFA). The Final Rule, set to take effect on June 18, 2024, marks a significant development for DC Civil Lawyers and their clients.
While drawing from familiar federal protections, the PWFA introduces broader safeguards, necessitating a nuanced approach. DC Civil Lawyers witnessed this evolution during the Commission’s review process. After receiving and evaluating an extensive array of public feedback, including approximately 100,000 comments, the Commission incorporated notable adjustments into the Final Rule. These revisions aimed to elucidate distinctions between the PWFA and existing civil rights legislation, such as the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (Title VII). Here are the key insights gleaned from the Final Rule and notable deviations from the Proposed Rule.
Reasonable Accommodations and Temporary Suspension of Essential Job Functions: Under the PWFA, covered entities, as elucidated here, must provide reasonable accommodations for qualified employees and applicants with known limitations related to pregnancy, childbirth, or related medical conditions, unless such accommodations impose undue hardship. DC Civil Lawyers recognize the importance of navigating this landscape, where the definition of “qualified” under the PWFA diverges from that of the ADA. Notably, the PWFA deems an employee “qualified” even if temporarily unable to perform essential functions, provided certain conditions are met.
The Final Rule refines this notion of temporariness, allowing employers to assess each case individually. While a current pregnancy presumes a temporary inability to perform essential functions within a typical timeframe, no such presumption exists for post-childbirth conditions due to their varying durations. This nuanced approach ensures flexibility while maintaining the PWFA’s integrity.
Leave as an Accommodation: While leave may serve as a reasonable accommodation under the PWFA, DC Civil Lawyers emphasize that it must align with specific criteria. Employers may only opt for leave if requested by the employee or if no other reasonable accommodation is feasible without undue hardship. Additionally, requests for leave due to pregnancy-related limitations necessitate a thorough review, considering entitlements under existing policies, the Family and Medical Leave Act (FMLA), and other relevant laws. The Final Rule underscores the importance of interim accommodations during ongoing assessments, discouraging defaulting to leave while the interactive process unfolds.
Abortion: Both the Proposed and Final Rule encompass abortion within the definition of “pregnancy, childbirth, or related medical conditions.” DC Civil Lawyers acknowledge the extensive discourse surrounding this inclusion, with the EEOC noting overwhelming support. Importantly, the Final Rule clarifies that the PWFA does not mandate employers to provide or finance abortions, affirming its focus on workplace anti-discrimination rather than medical service provision.
Requests for Documentation Under the Final Rule: DC Civil Lawyers recognize the limited circumstances in which employers may seek medical documentation. Such requests must align with the need to ascertain qualifying conditions and necessary workplace adjustments. Notably, documentation is prohibited for certain accommodations, including lactation-related requests and predictable assessments, reflecting the PWFA’s commitment to balancing employee rights with employer responsibilities.
In navigating these complexities, DC Civil Lawyers play a pivotal role in ensuring compliance with the Final Rule while advocating for the rights of pregnant workers and their employers.