The Equal Employment Opportunity Commission (EEOC) began enforcing the Pregnant Workers Fairness Act (PWFA) after releasing its final rule and guidance in April 2024.
- The EEOC filed its first three lawsuits under the PWFA and settled a fourth case involving pregnancy discrimination.
- Employers are reminded of their obligations under the PWFA, especially regarding accommodations for pregnant employees.
Key Takeaways for Employers:
- Prohibition on Forced Leave: Employers cannot place pregnant employees on leave if a reasonable accommodation is available.
- Interactive Process Requirement: Employers must engage in an interactive process to assess accommodation requests and cannot unreasonably deny or impose accommodations.
- Legal Examples: In one case, the EEOC alleged that an employer placed an employee on leave without engaging in the interactive process, violating the PWFA.
Actions Employers Should Take:
- Review Policies and Training: Ensure all workplace policies and training are updated to comply with the PWFA.
- Train Management and HR: Ensure HR and management are familiar with the PWFA, including the limitations on requesting medical documentation and understanding the EEOC’s guidance on accommodations.
- Understand the PWFA’s Scope: The PWFA is broader than the ADA, making it harder for employers to claim “undue hardship” and does not have a threshold for the severity of the condition.
- Engage in the Interactive Process: Employers must have a transparent process to handle accommodation requests.
- Consider State and Local Laws: Ensure compliance with any additional state or local laws related to pregnancy accommodations.
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