FOR IMMEDIATE RELEASE
Washington, DC – On April 19, the Biden Administration issued a final rule to implement the Pregnant Workers Fairness Act (PWFA), landmark legislation included in the bipartisan FY23 omnibus appropriations bill. The PWFA requires most employers with 15 or more employees to provide “reasonable accommodations,” or changes at work, for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
The rule provides important clarity that will allow pregnant workers to work while maintaining a healthy pregnancy and help employers understand their duties under the law. Highlights from the final regulation include: an expansive definition of “pregnancy, childbirth, or related medical conditions” that includes abortion; numerous examples of reasonable accommodations; guidance regarding limitations and medical conditions for which workers may seek reasonable accommodation; clarification on when supporting documentation is needed when requesting a reasonable accommodation; and an explanation of when an accommodation would impose an undue hardship on an employer. The final rule will become effective on June 18, 2024.
This rule provides additional protection for nearly 2.8 million pregnant workers each year, especially Black women and other women of color who are more likely to work during their pregnancy and live in states without pregnancy accommodation laws. Terrance E. Moore, Chief Executive Officer of the Association for Maternal & Child Health Programs (AMCHP), released the following statement:
“The Pregnant Workers Fairness Act is landmark legislation that ensures vital safeguards for pregnant workers. This rule helps ensure that no pregnant worker must choose between their job and their health.
AMCHP applauds the Equal Employment Opportunity Commission (EEOC) for issuing a strong and balanced rule that considers the interest of employers while reinforcing the right of workers to protect their pregnancy and reproductive health without compromising their family’s economic security. AMCHP is optimistic that these protections will benefit pregnant people of color, who often experience heightened discrimination in the workplace. AMCHP remains committed to advocating for pregnant workers, ensuring they do not have to compromise between family financial stability and a healthy pregnancy.”
PWFA resources:
- EEOC Press Release and Chair Burrows’ Statement
- Vice Chair Samuels’ Statement
- Commissioner Kotagal’s Statement
- EEOC’s What You Should Know
- EEOC’s Summary of Key Provisions
- EEOC’s Pregnancy Accommodations Tips For Small Businesses
- EEOC’s Social Media Kit
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The Association of Maternal & Child Health Programs (AMCHP) is a national resource, partner, and advocate for state public health leaders who work and support state maternal and child health programs and others working to improve the health of women, children, youth, parents, families, and communities. AMCHP builds successful programs by disseminating best practices, advocating on behalf of our members in Washington, DC, providing technical assistance, convening leaders to share experiences and ideas, and advising states to reach our common goal of healthy children, healthy families, and healthy communities. For more information, visit www.amchp.org and follow AMCHP on LinkedIn, X (Twitter), Facebook, Instagram, and Threads.
Please contact Chery Manon Espinal (cmanonespinal@amchp.org) for questions or media requests.
