The Equal Employment Opportunity Commission issued a final rule that requires most employers to provide “reasonable accommodations” to workers related to pregnancy or childbirth, including time off for an abortion. This rule clarifies provisions of the Pregnant Workers Fairness Act, which was signed into law in June and applies to employers with at least 15 workers. The law includes protections for pregnant and postpartum workers, such as time off for recovery, prenatal or postnatal appointments, and accommodations related to seating, breaks, and breastfeeding.
There was debate over whether abortion should be included in the act’s definition of “pregnancy, childbirth, or related medical conditions,” with over 54,000 comments urging the exclusion of abortion and 40,000 comments requesting its inclusion. The law does not require job-based health plans to pay for any procedures, including abortion, and is focused on workplace anti-discrimination. The final rule clarifies who is covered, what limitations and medical conditions are included, and how workers can request reasonable accommodations.
Advocates have long been fighting for improved federal protections for pregnant workers, arguing that the Pregnancy Discrimination Act is inadequate and that pregnancy-related conditions are often not considered disabilities under the Americans with Disabilities Act. The US Chamber of Commerce supported the Pregnant Workers Fairness Act, which is seen as a significant step forward for women’s economic security, maternal health, and the overall economy. This law ensures that pregnant and postpartum workers are not forced off the job or denied necessary accommodations for their health.
The law provides a range of protections for pregnant and postpartum workers, including time off for recovery from childbirth, prenatal or postnatal appointments, and accommodations related to seating, light duty, breaks, and breastfeeding. Employers are not required to offer paid time off, but they must provide reasonable accommodations to workers related to pregnancy or childbirth. The final rule issued by the Equal Employment Opportunity Commission clarifies who is covered under the law, what types of limitations and medical conditions are included, and how workers can request accommodations.
The law sparked a significant amount of public comment, with some advocating for the exclusion of abortion from the act’s definition of related medical conditions and others requesting its inclusion. The final rule specifies that the law is focused on workplace anti-discrimination and only requires accommodations related to abortion in certain circumstances. Employers and workers are encouraged to communicate early and frequently about accommodation requests, and the law is seen as a positive step toward ensuring the well-being of pregnant and postpartum workers nationwide.
Overall, the Pregnant Workers Fairness Act and the final rule issued by the Equal Employment Opportunity Commission are seen as significant advancements in protecting the rights and well-being of pregnant and postpartum workers in the United States. Advocates have long fought for better federal protections for pregnant workers, and this law is a step in the right direction toward achieving gender equality and economic security for all workers. The law provides a framework for employers and workers to communicate about accommodations related to pregnancy or childbirth, ensuring that workers are not unfairly discriminated against or denied the support they need for their health and well-being.
