EEOC Proposes Rules To Implement The Pregnant Workers Fairness Act

On 11 August 2023, the US Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM)¹ to implement the Pregnant Workers Fairness Act (PWFA),² a new law that protects the rights of pregnant and postpartum workers and applicants.³ With the NPRM, the EEOC is providing a framework for how it will interpret the PWFA, including its defined terms, while also highlighting various potential forms of reasonable accommodations for covered workers. Interested members of the public have 60 days from publication of the NPRM to submit comments.⁴ The EEOC will have until 29 December 2023 to issue the final regulations once the comment period closes. While the final regulations may change between the NPRM and final rule, employers can use this time to review the proposed regulations and their current accommodation practices to ensure compliance with the PWFA, which has been in effect since 27 June 2023.