EEOC Finalizes Rule For The Pregnant Workers Fairness Act

On April 19, 2024, the EEOC published its final rule regarding the Pregnant Workers Fairness Act ("PWFA"). The PWFA requires covered employers to provide reasonable accommodations to qualified employees or candidates with a known limitation related to pregnancy, childbirth or related medical conditions absent undue hardship.

The final rule effectively tracks the proposed rule, which we previously covered here. Some key provisions of the final rule are as follows:

• The Commission broadly defines "related to, affected by, or arising out of" pregnancy, childbirth, or related medical conditions as including lactation, miscarriage, stillbirth, and "having or choosing not to have an abortion." The Commission noted that "a pregnancy, childbirth, or related medical condition does not need to be the sole, the original, or a substantial cause of the physical or mental condition at issue for the physical or mental condition" to fall under PWFA.