EEOC Issues Final Rule on Pregnancy Accommodations

EEOC Issues Final Rule on Pregnancy Accommodations

The Equal Employment Opportunity Commission (EEOC) has issued the final regulations for the Pregnant Workers Fairness Act (PWFA), a federal law that was passed with bipartisan support in 2022. The new rules will become effective on June 18 and will enforce workplace accommodations for pregnant employees, including those who have had an abortion or are experiencing other pregnancy-related medical conditions.

The EEOC's decision to include abortion in the PWFA regulations has been supported by labor advocates and major business groups, particularly noting the benefit for women of color in low-wage, physically demanding jobs. The finalized rules provide clarity on the rights of employees and the obligations of employers, mandating accommodations such as unpaid time off, better-fitting uniforms, light duty assignments, and the flexibility to attend healthcare appointments.

Despite the bipartisan passage of the PWFA, the inclusion of abortion accommodations has sparked criticism from some conservative lawmakers and anti-abortion activists, who argue that the EEOC is overstepping the original intent of the law. Nonetheless, the EEOC defends its stance by citing its longstanding interpretation of Title VII and various court rulings. The rules were approved by the agency's Democratic majority in a 3-2 vote along party lines.

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