EEOC PROPOSES REGULATIONS FOR NEW PREGNANCY LAW

September 18, 2023

On August 7, 202,3 the U.S. Equal Employment Opportunity Commission (“EEOC”) revealed proposed regulations for implementing the Pregnant Workers Fairness Act (“PWFA”), a law enacted in late 2022 that requires employers to make reasonable changes in the workplace to help employees who have pregnancy-related limitations.  The public will have 60 days to comment on the proposed rule, the EEOC said.  The Agency called for input on specific areas including defining key terms, examples of what would constitute reasonable accommodations under the law, and an assurance that employees would not face consequences for using such accommodations.  The EEOC began accepting charges alleging violations of the PWFA on June 27, the law’s effective date. The PWFA, part of a bipartisan omnibus spending bill signed on December 29, gave the Commission one year from the law’s enactment to issue the regulations.  While the EEOC has released tips for workers seeking accommodations and released both an infographic for employers and a poster about the PWFA, lawmakers and workplace advocates have expressed concern that the Agency is not moving fast enough.

If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.

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Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

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Jay Julien Photo Washington, D.C.

Jay Julien

Associate - Washington, D.C.

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