The Association submitted comments to the EEOC regarding its proposed regulations for the Pregnant Workers Fairness Act, cautioning the Commission to avoid straying from the text and purpose of the law.
The Association’s comments emphasized its support for the law and protections for pregnant employees. The comments endorse the EEOC’s proposed regulations to the extent that they align with the text and purpose of the Act and provide stakeholders with clarity and consistency regarding their legal obligations.
The comments call for accommodations to be capped at six months. Under the Act, employers must accommodate employees even if they are unable to perform an essential job function, provided such inability is “for a temporary period” and the employee will be able to perform such function “in the near future.” The Act left it to the EEOC to define “temporary” and “in the near future,” which the Commission proposed to mean at least 40 weeks and up to a full year. Such definitions could effectively require employers to accommodate employees unable to perform any job functions for up to a year. The Association urges the Commission to revise this overly expansive definition of “temporary” and “in the near future,” and recommends capping the duration at six months instead.
The proposed regulations also provide for certain requested accommodations to be automatically granted by employers. Generally, under the ADA, and as similarly contemplated by the PWFA, employers and employees engage in an interactive process to determine the most effective accommodation that best serves the employee and employer depending on the situation. The Association’s comments urge the Commission to retain this process for all accommodation scenarios and eliminate its proposed list of “automatic accommodations” that would bypass the interactive process.
Background: The Pregnant Workers Fairness Act was signed into law in 2023 and became effective earlier this year. The Association joined other business community groups in supporting the passage of the law, which requires employers to provide reasonable accommodations for pregnant employees and job applicants. The framework of the law and its obligations for employers largely mirror what employers are required to provide for employees with disabilities under the Americans with Disabilities Act.
The law provides for the EEOC to issue accompanying implementing regulations to define certain areas of the law and provide guidance to all stakeholders. The EEOC published its proposed regulations this past August and solicited public comment.
Outlook: The final rules are likely to be issued sometime next year. In the meantime, employers should ensure that they are accommodating employees with pregnancy-related conditions in compliance with the PWFA.
