July 20, 2023

EEOC Begins Accepting PWFA Charges

The Equal Employment Opportunity Commission (EEOC) released new educational resources for workers and is now accepting charges under the new Pregnant Workers Fairness Act (PWFA), the agency announced on June 27, 2023. The PWFA went into effect the same day.


IMPORTANT INFORMATION

  • As of June 27, 2023, the PWFA extends ADA accommodation rights to employees affected by pregnancy and related conditions.
  • Employers with 15 or more employees may now face EEOC charges and lawsuits for PWFA violations.
  • PWFA accommodations must be determined through an informal, interactive process, and employers may not deny opportunities based on the need to make them.
  • The PWFA also prohibits employers from retaliating against an individual for requesting or using pregnancy-related accommodations.

PWFA Background

The PWFA amended the Americans with Disabilities Act (ADA) to require reasonable accommodations for an individual’s known limitations related to pregnancy, childbirth or related medical conditions unless the accommodation would cause an employer an undue hardship. The ADA and other laws enforced by the EEOC generally apply to employers with 15 or more employees. These laws prohibit discrimination against individuals based on certain protected traits, including disability, and require employers to display workplace posters describing their prohibitions and requirements.

New PWFA Resources

The EEOC’s new resources on the PWFA include tips for workers to request accommodations and a Know Your Rights video series.

The EEOC also recently released updated versions of its Know Your Rights posters (in English and Spanish) for physical posting in the workplace, plus PDF English, HTML English, HTML Spanish versions for electronic posting. On June 27, 2023, the EEOC added the date to those revised posters and released new electronic versions in additional languages, including:

Other PWFA Resources

Other items the EEOC has released on the PWFA since it was first enacted on Dec. 29, 2022, include:

In addition, the PWFA requires the EEOC to issue regulations to carry out the new law and provide examples of reasonable accommodations for pregnancy-related conditions. These regulations are expected to be issued by Dec. 29, 2023.

 

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