EEOC Issues Rule Affecting How Employers Must Treat Pregnant Workers

去年, Congress passed the Pregnant Workers Fairness Act (“PWFA”), 哪项规定拥有15名或15名以上雇员的私营部门雇主为下列已知限制提供合理便利, 受, 或者是由于怀孕引起的, 分娩, 或者“相关的医疗状况”,” unless such accommodations will cause an undue hardship on the employer’s operations. While other laws prohibit discrimination based on pregnancy, 《现金网官网》要求雇主照顾这些问题，即使这些健康状况是暂时的，不在《现金网官网》(" ADA ")的规定之内。.

As often happens with federal legislation, the PWFA itself is open for interpretation, 国会让平等就业机会委员会(Equal Employment Opportunity Commission)在“最终规则”中制定新的执行规定来填补空白.”  After months of public comment and review, the EEOC published its 408-page “final rule and interpretive guidance” regarding the PWFA on April 19, 2024, 并将于6月18日生效, 2024.

Although Similar, PWFA Has More Stringent Requirements than the Americans with Disabilities Act

While the PWFA has processes and requirements similar to the ADA, there are notable differences between the two laws.

1. “Known limitation” of employee can be minor.

First, under the PWFA, a “known limitation” is broader than the disabilities covered under the ADA.  It must be a mental of physical impediment, but it does not need to be serious.  限制可以包括未成年人, common conditions as long as they meet the other requirements of the statute. 事实上, 根据平等就业机会委员会, 员工可以要求提供住宿，以减少与怀孕有关的增加的疼痛或对员工健康的风险, 分娩, 或者相关的情况.

2. Worker only needs to provide notice of a limitation and a need for adjustment.

第二个, 就像美国残疾人协会, 雇主也必须通过雇员或雇员代表的沟通“知道”这些限制, although no specific language is necessary.  在本质上, a request of accommodation only requires the employee provide notice to the employer that the employee has a limitation and, 结果是, 需要调整或改变工作.  这就促使雇主有义务与雇员进行互动对话，试图找到一个可接受的住宿.

3. 怀孕的定义很宽泛.

The EEOC defines terms in the PWFA broadly. “Pregnancy” can refer to a current, past, or intended pregnancy. “Related medical conditions” include miscarriage, 死胎, 堕胎, 不孕不育, 生育治疗, 泌乳, 避孕措施, 月经周期, 产后抑郁症, 妊娠期糖尿病, 激素水平的变化, 以及许多其他类似的情况. Such conditions can even include common conditions, 比如慢性偏头痛, 高血压, 和尿失禁, as long as they relate to or are exacerbated by pregnancy and 分娩.

4. Unlike ADA, PWFA does not require employee to be able to perform job functions during short term.

Another difference between the ADA and the PWFA is how each defines an employee as “qualified.比如美国残疾人协会, 《现金网官网》对合资格雇员或申请人的定义是，不论是否有居所，合资格雇员或申请人均可履行受雇职位的基本职能.  的PWFA, 然而, 有时间吗?, more stringent definition that states that even if the employee cannot perform the essential functions of the job, they are still considered “qualified” if (i) the inability to perform the essential function is temporary; (ii) the employee should be able to perform the essential function “in the near future,” and (iii) the temporary inability can be reasonably accommodated.  The EEOC defines “in the near future” as 40 weeks from the start of the temporary suspension of an essential function.  本质上, 然后, the PWFA calls for the temporary suspension of an essential function or functions of the employee’s job if necessary.  这不是, 然而, 意味着怀孕雇员的基本职能必须暂停40周，或每项要求暂停40周的住宿要求必须得到批准.

Interactive Process and Undue Hardship Are Similar to ADA

就像ADA一样, employers are expected to engage in an interactive process to explore possible accommodations. 如果有合理的替代方案，最终规则并不要求雇主提供雇员所要求的住宿, but if an employee’s requested accommodation does result in an undue hardship, the employer must consider any alternative that does not cause such undue hardship.

最后的规则 also provides several examples of possible reasonable accommodations under the PWFA, which include but are not limited to: (i) job restructuring; (ii) modified work schedules; (iii) more frequent breaks for use of the restroom, 喝, 吃, and/or resting; (iv) modification of equipment, 制服, or devices; (v) use of paid leave and additional unpaid leave; (vi) light duty; (vii) telework; (viii) temporary suspension of one or more essential functions of the job; (ix) reserved parking spaces; and (x) “other similar accommodations.”

的PWFA follows the definition of “undue hardship” used in the ADA, 雇主的运作需要很大的困难或费用，并侧重于特定雇主的现金网官网和情况与提供特定住宿的成本或困难的关系. 最后的规则, 然而, 在确定一项基本职能的暂时中止是否会造成不适当的困难时，增加了可考虑的其他因素.  These include (i) consideration of the length of time that the employee will be unable to perform the essential function(s); (ii) whether there is work for the employee to accomplish; (iii) the nature of the essential function, including its frequency; (iv) whether the employer has provided other employees in similar positions who are unable to perform the essential function(s) of their positions with temporary suspensions of those functions and other duties; (v) if necessary, 是否有其他员工, 临时员工, or third parties who can perform or be temporarily hired to perform the essential function(s) in question; and (vi) whether the essential function(s) can be postponed or remain unperformed for any length of time and, 如果是这样的话, 要多久?.

平等就业机会委员会已发出警告, 然而, that the following modifications “virtually always found to be reasonable accommodations that do not impose an undue hardship: (i) carrying water and 喝 it as needed; (ii) allowing additional restroom breaks; (iii) allowing sitting for those whose work requires standing and standing for those whose work requires sitting; and (iv) allowing breaks as needed to eat and drink.

Employer Can Violate the Law by “Unreasonably” Requiring Supporting Documentation

根据最终规则, 雇主无须向根据《现金网官网》提出住宿要求的雇员或申请人索取证明文件. 然而, should the employer seek such documentation, 只有在合理的情况下，雇主才允许这样做，以确定雇员(或申请人)是否有与疾病有关的身体或精神状况, 受, 或者是由于怀孕引起的, 分娩, or related medical conditions (a limitation) and needs a change or adjustment at work due the limitation.  If the request is not reasonable under the circumstances, it violates the PWFA.  作为解释性指导的一部分, the EEOC provides that one such situation where the seeking of documentation would be unreasonable would be when “(1) the known limitation and need for reasonable accommodation are obvious; and (2) the employee confirms the obvious limitation and need for reasonable accommodation through self-attestation.简单地说, if an employee informs an employer that she is pregnant and is “showing,” 然后 documentation would be unnecessary.

PWFA禁止报复和威胁

最后, 工务局禁止报复任何雇员或申请人，因为他们反对工务局认定为非法的行为或做法，或曾提出指控, 作证, 协助, or participated in any manner in an investigation, 进行, 或根据《现金网官网》进行聆讯.  最后的规则 also prohibits coercion, 恐吓, 威胁, 或干涉任何人行使《现金网官网》所规定的权利，或协助或鼓励他人行使《现金网官网》所规定的权利.

The preceding is not intended to be an all-inclusive review of the PWFA.  最后的规则 includes numerous additional requirements, examples, and limitations.  我们鼓励雇主在对可能与雇员怀孕或相关情况有关或由此引起的雇员采取任何行动之前，寻求合格的法律顾问. 

杰夫•威尔逊 是现金网官网 & 现金网官网 shareholder focusing his practice on employment law matters, including counseling and business litigation.