August 28, 2023
By Barrie Charapp Beaty
Back in May of this year, we published an article about the Pregnancy Workers Fairness Act (PWFA) which went into effect on June 27, 2023, and covered employers with 15 or more employees. To implement the Act, EEOC filed proposed regulations on August 11, 2023 in the Federal Registrar, with comments due to the EEOC on or before October 10, 2023.
Although the implementing regulations are proposed, dealers with 15 or more employees are subject to the Act, which is already in effect. Many of the proposed regulations follow the Americans with Disabilities Act (ADA) definitions and regulations. The PWFA requires reasonable accommodations during pregnancy and after unless the accommodation will cause an undue hardship on your business. For example, the proposed regulations provide scenarios where a reasonable accommodation such as working from home for those employees who experience morning sickness and the employees’ position can be accomplished at home or a lifting limitation can be implemented for pregnant employees who are restricted from lifting certain amounts of weight. Please seek counsel on any updates that your employee handbook may need to implement the Act according to the proposed, and eventual required, regulations by the EEOC.