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With the passage of the Pregnant Workers Fairness Act (PWFA), the law on how you accommodate pregnant workers changed last June, and we blogged about it. Then the EEOC issued extensive regulations last August, and we blogged about that. In every state but Louisiana and Mississippi, those regulations went into full effect on June 18, 2024, so to the extent you are not ready for the PWFA, get ready.

The regulations are very long, but here is the EEOC’s Summary of Key Provisions. To refresh your memory, keep these things in mind:

  • The EEOC intends for the PWFA to have broad coverage. If an employee asks for any kind of accommodation that touches upon pregnancy or fertility or the termination of a pregnancy, consider whether the PWFA applies (because the EEOC thinks it does). Notably, a court has preliminarily enjoined the rule with respect to “purely elective abortions for employees who are working in Louisiana or Mississippi.”
  • You only have to accommodate employees or applicants. The PWFA does not require accommodation “when an employee’s partner, spouse, or family member—and not the employee themselves—has a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.” Also, this law does not require “accommodations for bonding or childcare” (although others might).
  • Unlike the ADA, the PWFA may require you to remove essential functions of a job as an accommodation.
  • You may deny accommodations only if they would cause an undue hardship.
  • You must engage in the interactive process.
  • You are only permitted to seek supporting documentation if it is reasonable under the circumstances.

So, get your managers, supervisors, and human resources folks ready, and keep your favorite employment lawyer on speed dial.

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Photo of Anne R. Yuengert Anne R. Yuengert

Anne Yuengert works with clients to manage their employees, including conducting workplace investigations of harassment or theft, training employees and supervisors, consulting on reductions in force and severance agreements, drafting employment agreements (including enforceable noncompetes) and handbooks, assessing reasonable accommodations for disabilities, and…

Anne Yuengert works with clients to manage their employees, including conducting workplace investigations of harassment or theft, training employees and supervisors, consulting on reductions in force and severance agreements, drafting employment agreements (including enforceable noncompetes) and handbooks, assessing reasonable accommodations for disabilities, and working through issues surrounding FMLA and USERRA leave. When preventive measures are not enough, she handles EEOC charges, OFCCP and DOL complaints and investigations, and has handled cases before arbitrators, administrative law judges and federal and state court judges. She has tried more than 30 cases to verdict.

Photo of Cortlin Bond Cortlin Bond

Cortlin Bond is an associate in the Labor & Employment and Litigation practice groups. She assists clients with a variety of labor and employment matters, including workplace investigations, the defense of federal employment claims, and the defense of employment claims predicated on state…

Cortlin Bond is an associate in the Labor & Employment and Litigation practice groups. She assists clients with a variety of labor and employment matters, including workplace investigations, the defense of federal employment claims, and the defense of employment claims predicated on state law tort and contract theories. In addition to handling employment matters, Cortlin represents school boards with issues that arise in their operations and represents healthcare providers with legal issues that arise from the daily operation of healthcare facilities.

Photo of J. William Manuel J. William Manuel

Will Manuel focuses his practice primarily on commercial and employment litigation. Will advises businesses on issues involving age discrimination, sexual harassment and wage/overtime disputes for both large and small businesses in across Mississippi and other jurisdictions. His clients include numerous manufacturers and commercial…

Will Manuel focuses his practice primarily on commercial and employment litigation. Will advises businesses on issues involving age discrimination, sexual harassment and wage/overtime disputes for both large and small businesses in across Mississippi and other jurisdictions. His clients include numerous manufacturers and commercial interests as well as various insurance and financial services companies. He has worked to defend these clients in both MDL litigation and individual actions brought in Mississippi. Will’s focus is on active litigation from the initial discovery process through trial. View articles by Will.