The U.S. Equal Employment Opportunity Commission (EEOC) has issued a Notice of Proposed Rulemaking (NPRM) to implement the Pregnant Workers Fairness Act (PWFA). EEOC posted the proposed rule for public inspection on August 7 and will publish it in the Federal Register on August 11, where it will remain open for public comment for 60 days.

The PWFA was enacted into law in late December 2022 and took effect June 27, 2023.  As described in this LeadingAge article, the law requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.  LeadingAge staff have begun to analyze the proposed rule and identify issues where we may wish to submit comments, and we will provide additional information for members as this work continues.

Members should note that EEOC began implementation and enforcement of the PWFA on the June 27 effective date, and it will continue to do while the rulemaking process proceeds.