Senator Murray Statement on EEOC Final Rule Implementing Pregnant Workers Fairness Act

Murray led a comment letter on proposed rule in October, supporting EEOC’s reading of “pregnancy, childbirth, and related medical conditions” as encompassing the full range of covered conditions

Washington DC - Today, U.S. Senator Patty Murray (D-WA), a senior member and former Chair of the Senate Health, Education, Labor and Pensions (HELP) Committee, issued the following statement on the U.S. Equal Employment Opportunity Commission (EEOC)’s final rule implementing the Ley de equidad de las trabajadoras embarazadas, legislation Murray helped lead to passage and advanced through committee as the Chair of the HELP Committee.

El Ley de equidad de las trabajadoras embarazadas (PWFA) requires that most employers with 15 or more employees make reasonable accommodations such as additional bathroom breaks, light duty, or a stool to sit on if a worker stands all day to allow pregnant workers to continue working safely. PWFA builds on existing protections against pregnancy discrimination under Title VII of the Civil Rights Act of 1964 and access to reasonable accommodations under the Americans with Disabilities Act. The legislation was signed into law in December 2022 as part of the year-end funding package and went into effect on June 27, 2023.

“I was proud to help pass the Pregnant Workers Fairness Act to deliver important new protections for pregnant moms on the job everywhere—making sure they can count on reasonable accommodations like time off for health care appointments and having a place to sit down. Today’s final rule correctly takes a comprehensive view of pregnancy and related medical conditions—ensuring the law will provide protections to more women who need them. This rule gives clarity to employers and workers and is a significant step toward making our workplaces more family-friendly and ensuring working moms and soon-to-be moms have the support they need.”

Highlights from the final regulation include:

• Numerous examples of reasonable accommodations such as additional breaks to drink water, eat, or use the restroom; a stool to sit on while working; time off for health care appointments; temporary reassignment; temporary suspension of certain job duties; telework; or time off to recover from childbirth or a miscarriage, among others.
• Guidance regarding limitations and medical conditions for which employees or applicants may seek reasonable accommodation, including miscarriage or still birth; migraines; lactation; and pregnancy-related conditions that are episodic, such as morning sickness. This guidance is based on Congress’s PWFA statutory language, the EEOC’s longstanding definition of “pregnancy, childbirth, and related medical conditions” from Title VII of the Civil Rights Act of 1964, and court decisions interpreting the term “pregnancy, childbirth, or related medical conditions from Title VII. 

• Guidance encouraging early and frequent communication between employers and workers to raise and resolve requests for reasonable accommodation in a timely manner.
• Clarification that an employer is not required to seek supporting documentation when an employee asks for a reasonable accommodation and should only do so when it is reasonable under the circumstances.
• Explanation of when an accommodation would impose an undue hardship on an employer and its business.

More information about the PWFA and the EEOC’s final rule, including resources for employers and workers, is available on the EEOC’s “What You Should Know about the Pregnant Workers Fairness Act” webpage.

For more information on pregnancy discrimination, please visit https://www.eeoc.gov/pregnancy-discrimination.

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