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Important Takeaways For Employers Following The EEOC’s Final Rule Implementing the Pregnant Workers Fairness Act (PWFA)

 Introduction This is a follow-up to our May 9, 2023, alert regarding the Pregnant Workers Fairness Act (PWFA) which went into effect on June 27, 2023 . Congress required the Equal Employment Opportunity Commission (EEOC) to issue regulations under the PWFA. The EEOC has done just that by issuing its final rule and interpretive guidance which goes into effect on June 18, 2024. This alert outlines employers’ duties under the new law, provides clarity on pregnant workers’ rights and protections, and guides employers on ways to minimize risk and liability under the PWFA. What is this law? Covered entities are required to make reasonable accommodations to qualified employees or applicants who have known limitations related to pregnancy, childbirth, or related medical conditions, absent an undue hardship to the business. Who is a covered employer or entity? The PWFA applies to both private and public sector employers that have 15 or more employees. It also applies to Congress, Federal a...