On December 29, 2022, the Pregnant Workers Fairness Act (PWFA) was signed into law. On August 11, 2023, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule regarding implementation of the PWFA. The Act requires reasonable accommodations to employees and applicants who are “qualified” and have a known limitation “related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions” for certain employers. A qualified individual is one who can perform the essential functions of the job with or without accommodation.

The PWFA covers employers, unions, and employment agencies who are also covered by Title VII of the Civil Rights Act, the Congressional Accountability Act, the Government Employee Rights Act, and (4) section 717 of Title VII, which covers Federal employees. It applies to employees, applicants, and former employees.

The notice of proposed rule-making (NPRM) also states that an employee or applicant shall be considered qualified if: (1) any inability to perform an essential function is for a temporary period; (2) the essential function could be performed in the near future; and (3) the inability to perform the essential function can be reasonably accommodated.

The document signifies that while the Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Family Medical Leave Act address certain aspects related to pregnancy that the intent of the PWFA was to address gaps in existing regulations.

Public comments are being accepted if you would like to provide feedback through the Federal eRulemaking Portal: https://www.regulations.gov.

If you are wondering how this regulation and others may affect you, contact us at Southwestern HR Consulting (SWHRC) today and we can provide you with guidance from our team of experts.

Magdalena Vigil-Tullar

Written by | Magdalena Vigil-Tullar


Phone: 505-270-7494 | Email: magdalena@swhrc.com

PO Box 14274 | Albuquerque, NM 87191

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Compliance Pregnant Workers Fairness Act