On June 18, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued their final rule regarding the Pregnant Workers Fairness Act (PWFA) requiring covered employers to offer reasonable workplace accommodations to workers who are pregnant or have a condition related to pregnancy or childbirth. The PWFA applies to employees, job applicants and former employees of both public and private employers with 15 or more employees.
It is important to note, however, that a preliminary injunction was entered June 17, 2024 postponing the effective date in which employers have to provide an accommodation for elective abortions not related to treating a medical condition for the states of Louisianan and Mississippi as well as as well as four entities affiliated with the Catholic Church. Specifically, the states of Louisiana and Mississippi; employers located in Louisiana and Mississippi and with employees whose primary duty station is located within the states; and the U.S. Conference of Catholic Bishops, the Society of the Roman Catholic Church of the Diocese of Lake Charles, the Society of the Roman Catholic Church of the Diocese of Lafayette, and the Catholic University of America are not required to provide workplace accommodations related to elective abortions when not needed to treat a pregnancy-related medical condition.
Employers Prohibited From Denying Reasonable Accommodations
Under the rule, covered employers are prohibited from denying a reasonable accommodation unless it would cause undue hardship to the employer. They must arrive at the reasonable accommodation through an interactive process and may not force an employee to take leave if an accommodation exists. An employer may not deny employment to a qualified employee or applicant due to a needed accommodation and cannot punish, retaliate, coerce, or discriminate against an employee or applicant for requesting a reasonable accommodation.
Contact an Experienced Pregnancy Discrimination Lawyer for Help
If you have been denied a reasonable workplace accommodation due to pregnancy or a condition related to pregnancy or childbirth, or have been subject to workplace retaliation or discrimination related to pregnancy, contact the employment law offices of Alan C. Olson & Associates for help today.
