EEOC accepting pregnancy claims under new law

The U.S. Equal Employment Opportunity Commission said Tuesday it is accepting charges under the Pregnant Workers Fairness Act, the law that extends federal protection to pregnant workers, which has taken effect.

The PWFA, which was signed into law by President Biden last year, requires private employers with 15 or more workers to provide reasonable accommodations for limitations related to childbirth or related conditions, unless it will cause the employer undue hardship.

The EEOC said in its guidance that the PWFA does not replace federal, state or local laws that are more protective of workers affected by pregnancy, childbirth or related medical conditions. It says more than 30 states and cities have laws already providing accommodations for pregnant workers.

Citing a report by the House Committee on Education and Labor, the EEOC said accommodations under the law may include the ability to sit or drink water, receive closer parking and have flexible hours.

Employers are also not permitted to require a worker to accept an accommodation without first discussing it with the employee, or to deny a job or other employment opportunities to qualified employees or applicants based on the person’s need for a reasonable accommodation, among other provisions.

At the time President Biden signed the PWFA, he also signed into law the Providing Urgent Maternal Protections for Nursing Mothers Act, which took immediate effect.

That law requires employers with at least 50 employees to provide lactating facilities that are not a bathroom, and reasonable break times.

Observers say the PWFA is intended to fill gaps that may have been left by existing federal laws, including the Americans with Disabilities Act, the Pregnancy Discrimination Act, the Family Medical Leave Act and Title VII of the Civil Rights Act of 1964.