3046-AB30 202310 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 3046 Equal Employment Opportunity Commission EEOC Regulations to Implement the Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) will issue a rule to implement the Pregnant Workers Fairness Act, a new law that requires covered entities to provide reasonable accommodations to a qualified worker’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause an undue hardship.

]]> Section 3(f)(1) Significant Previously Published in The Unified Agenda Final Rule Stage Yes No 29 CFR 1636 Pub. L. 117-328, 136 Stat. 4459, division II Statutory Final 12/29/2023 Yes

The Pregnant Workers Fairness Act (PWFA) is a new law. It requires a covered entity to provide reasonable accommodations, absent undue hardship, to a qualified employee or applicant with a known limitation related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. The PWFA requires the EEOC to issue regulations by December 29, 2023. 42 U.S.C. 2000gg-3(a).

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The PWFA requires the EEOC to issue regulations by December 29, 2023. 42 U.S.C. 2000gg-3(a).

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The EEOC will consider possible alternatives for its regulation. However, the possible alternatives are limited by certain provisions in the statute that set out what employers are covered, when the statute goes into effect, the procedures for enforcement, and require the EEOC to issue regulations.

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The EEOC anticipates that the regulation will have significant benefits for workers, including benefits that are difficult to quantify such as a reduction in discrimination and improvements in the economic security and health outcomes for pregnant workers. The costs of the regulation and statute will be for employers that have to provide reasonable accommodations and one-time administrative costs for covered employers to come into compliance with the statute and regulation. The EEOC anticipates that both of these costs will be low for individual employers. 

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The rule imposes no new or additional risks to employers. The rule does not address risks to public safety or the environment.

]]> NPRM 08/11/2023 88 FR 54714 NPRM Comment Period End 10/10/2023 Final Action 12/00/2023 Undetermined Businesses Governmental Jurisdictions Organizations Federal Local State Undetermined No No No Sharyn Tejani A. Associate Legal Counsel 3046 202 921-3240 sharyn.tejani@eeoc.gov 131 M Street NE, Washington D.C. DC 20507