A Pregnant Pause While We Await a Final Rule

The Pregnant Workers Fairness Act (“PWFA”), passed by Congress in 2022, went into effect in June 2023. The ultimate purpose of the PWFA was to grant reasonable accommodations to pregnant workers as to “the known limitations related to the pregnancy, childbirth, or related medical conditions.” The comment period as to proposed regulations (i.e., EEOC’s view of how the PWFA is to be interpreted) closed earlier this month. While we await a final rule, consider reviewing the proposed rule, which provides definitions and examples of pertinent circumstances and accommodations.

Business Takeaway: Many believe that the proposed rule will closely mirror the final rule, so begin considering how the rule may affect your business and keep in mind that the regulation is designed in part to address conditions that fall below the threshold for a disability as defined by the ADA, aiming to preserve individual well-being and ability to work. Contact us at info@goldsteinsc.com if you have questions about how your business may be affected by the PWFA.