The Pregnant Workers Fairness Act (PWFA) (Pub. L. 117-328), which requires employers to provide a reasonable accommodation to workers for known limitations related to pregnancy, childbirth, or related medical conditions went into effect on June 27.
The Association was instrumental in shaping and advocating for the passage of the PWFA, which was signed into law on December 29, 2022, as part of a larger government spending bill.
EEOC is now accepting charges of discrimination. The U.S. Equal Employment Opportunity Commission (EEOC) issued a press statement stating it will begin accepting charges of discrimination under this new statute for incidents that occurred on or after June 27, 2023. In addition to accepting charges, the agency released additional educational resources, including tips for workers to request accommodations, a “Know Your Rights” video series, and a revised “Know Your Rights” poster required to be posted in most workplaces. The Commission had previously released a guidance document on the law.
Outlook: The PWFA requires the EEOC to promulgate implementing regulations by December 29, 2023, but the Commission has not yet issued proposed rules. The Association will monitor developments and engage in the Notice and Comment period once the EEOC publishes a proposed rule. Meanwhile, President Biden renominated EEOC chair, Charlotte Burrows, to serve a third five-year term at the agency. Burrows’ nomination must be confirmed by the Senate, but her current term will continue until the end of the year while she goes through the confirmation process. If Burrows’ nomination is not approved before the Senate adjourns for the year, she will have to step down and await approval in 2024. Of note, the nominations of Kalpana Kotagal to serve as a commissioner and Karla Gilbride to serve as EEOC’s general counsel are pending in the Senate, with no indication as to when the nominations will be brought for a floor vote.
