Articles
Practice Areas
Attorneys
The EEOC is Enforcing the PWFA: Ohio and Michigan Employers Should Ensure Compliance
The Pregnant Workers Fairness Act (PWFA) became effective on June 27, 2023, and the Equal Employment Opportunity Commission (EEOC) final enforcement regulations went into effect on June 18, 2024. The PWFA requires employers with 15 or more employees to grant reasonable accommodations to employees experiencing known limitations because of pregnancy, childbirth and related medical conditions, absent undue hardship. Unlike accommodations under the Americans with Disabilities Act (ADA), some PWFA accommodations must almost always be granted to employees including carrying or keeping water nearby for drinking, allowing extra bathroom breaks, sitting for those employees whose work requires standing (and standing for those who sit), and taking breaks to eat and drink. Other accommodations that will trigger the interactive process include schedule changes, part-time work, leave, telework and temporarily suspending essential job functions. Pursuant to the EEOC guidance, interim reasonable accommodations are a requirement and unnecessary delay in engaging in the interactive process or providing a reasonable accommodation is a violation of the PWFA.
Enforcement of the PWFA has begun. Last month, Amtrak and Chick-Fil-A were named in some of the earliest disclosed charges filed by the EEOC:
- In the Amtrak matter, the employee who filed a charge allegedly asked Amtrak for an accommodation to express breast milk, which was denied, and the employee further alleged she received discipline due to absences for prenatal appointments and maternity leave.
- The employee who filed a charge against Chick-Fil-A allegedly was disciplined for missing work due to medical conditions relating to pregnancy including a bleeding uterus and threatened miscarriage.
The next step in both of these charges is an investigation by the EEOC.
However, the rule and regulations are not enforceable for a select number of states and organizations. In mid-June, a Louisiana federal court blocked a provision of the EEOC’s final regulations that require accommodations for elective abortions. This court decision affects only the states of Louisiana and Mississippi, along with the Catholic groups who challenged the regulations, so Ohio and Michigan employers must move forward with compliance.
Being mindful of the current enforcement activities, employers should be aware of the PWFA and their obligations under the law. Last year, we reminded businesses they need to update their “Know Your Rights” poster, but employers also ought to consider additional actions to further comply with the statute. Companies should contemplate adopting a PWFA policy and consider conducting supervisor training regarding the PWFA’s obligations. Eastman & Smith’s Labor & Employment attorneys are available to help you with any questions regarding your next steps to comply with the PWFA.
Should you have any questions about the PWFA or the EEOC’s enforcement regulations, please contact Ms. Hartman or Ms. Robinson.
Ms. Hartman and Ms. Robinson gratefully acknowledge Juliana N. Fierro, a rising third year law student at the University of Toledo, who contributed to this article. Ms. Fierro is a summer associate with Eastman & Smith.
____________________________
Disclaimer: This alert has been prepared by Eastman & Smith Ltd. for informational purposes only and should not be considered legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney/client relationship.