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A Notice of Proposed Rulemaking for the Pregnant Workers Fairness Act

August 31, 2023 Pregnancy Discrimination

Don’t Miss Your Chance to Publicly Comment


On August 7, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking with regard to the new Pregnant Workers Fairness Act. On the 11th, they published the notice for public comment. If you wish to comment on the proposed rules, you have 60 days from the date of publication. Comments can be submitted here.

What Is the Pregnant Workers Fairness Act?

Under the new law, employers are required to provide reasonable accommodations for employees with regard to pregnancy, childbirth, and any medical conditions related to those, as long as the accommodation does not constitute an undue burden. More information about the law can be found here.

The Pregnant Workers Fairness Act is widely regarded as a major step forward with regard to rights for pregnant people in the workplace. It fills in gaps left by other protections, including Title VII, the ADA, the PUMP Act, and the FMLA.

What’s in the Notice of Proposed Rulemaking?

The Notice of Proposed Rulemaking provides some explanations with regard to how the Pregnant Workers Fairness Act will be interpreted by the EEOC. It defines key terms in the statute such as “essential functions,” “temporary,” and “communicated to the employer.”

It also lists a number of examples of reasonable accommodations that an employer may provide, including:

  • Modified work schedules or part-time hours
  • Job restructuring
  • Allowing flexibility in standing or sitting for jobs that require either
  • Modifications to equipment, devices, or uniforms
  • Paid or unpaid leave to attend doctors’ appointments and recover from childbirth
  • Light duty or telework assignments
  • Temporary adjustments to the employee’s job duties

How Comments Are Used in the Rulemaking Process

The EEOC is required to issue regulations that guide the implementation of the law by December 29, 2023. The window for public commentary allows the general public to participate in the process and give valuable feedback.

Is Your Pregnancy Not Being Accommodated? Contact an Employment Lawyer

If you have been denied reasonable accommodation for pregnancy or a pregnancy-related health condition, you may have a case in court. You should speak to a knowledgeable employment attorney.

Call us at 267-273-1054 or email us at for a free, confidential consultation today.

The information provided here does not constitute legal advice. It is intended for general purposes only. If you have questions about a specific legal issue, you should speak to an attorney.