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The U.S. Equal Employment Opportunity Commission (EEOC) has confirmed a finalized ruling for implementing the Pregnant Workers Fairness Act (PWFA), requiring employers to provide accommodations for abortions such as time off.
The EEOC confirmed the rule on Monday, which will bring the law passed by Congress in 2022 into effect 60 days from April 19, 2024.
The PFWA is a step forward in the defence of workers who experience “limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.”
Employers with at least 15 employees must now provide accommodations for such workers, including limitations that arise from abortions and contraception.
The EEOC notes that abortion accommodations include time off for the procedure and the recovery, rather than requiring employers a sponsored healthcare plan. The time off is also not required to be paid.
The finalized ruling follows an invitation for feedback last year from the EEOC on a draft of the ruling, in which it received around 94,000 comments.
Despite criticism from some groups including anti-abortion activists, many pro-labor groups have hailed the ruling. “No one should have to risk their job for their health just because they are pregnant, recovering from childbirth, or dealing with a related medical condition,” said EEOC Chair Charlotte A. Burrows.
The American Civil Liberties Union (ACLU) praised the EEOC for “recognizing that abortion has for decades been approved under the law as a ‘related medical condition’ to pregnancy that entitles workers to reasonable accommodations, including time off to obtain abortion care.”
The Pregnant Workers Fairness Act: What HR needs to know
EEOC guidance to employers encourages them to begin the process of asking for reasonable accommodations by consulting a manager, human resources, or another designated professional in the company.
The PWFA refers only to accommodations, but under other laws enforced by the EEOC, it is illegal to fire or discriminate against employees or applicants based on pregnancy, childbirth, or related medical conditions.
Many other states and cities have stricter protections for workers by pregnancy, childbirth, or related medical conditions, which remain in place despite the EEOC ruling.
Under the PWFA, it will become illegal for employers to deny a job or other employment opportunities, require an employee to take leave, or retaliate against an employee for requesting or using a reasonable accommodation.
The EEOC lists several examples of reasonable accommodations, including: “Additional, longer, or more flexible breaks to drink water, eat, rest, or use the restroom; changing food or drink policies to allow for a water bottle or food; changing equipment, devices, or workstations, such as providing a stool to sit on, or a way to do work while standing; and changing a uniform or dress code or providing safety equipment that fits.”
Altered work schedules, telework, temporary reassignment, and various forms of leave are also listed.
