New Pregnancy Protections Regulations in the Workplace for 2024! How Should Employers Comply?

On April 15, 2024, the EEOC issued its final regulation and interpretive guidance (“PWFA Regulations”) for the enforcement of the Pregnant Workers Fairness Act (“PWFA”), a law that took effect in June 2023. The PWFA supplements existing federal anti-discrimination law by requiring covered employers to provide reasonable accommodations to qualified employees or applicants with known limitations related to pregnancy, childbirth, or related medical conditions absent an undue hardship on the employer. 

The U.S. Equal Employment Opportunity Commission’s (EEOC) final rule on the Pregnant Workers Fairness Act (PWFA) went into effect 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.

Pregnant Workers Fairness Act 

The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for an employee to express breast milk for their nursing child for one year after the child’s birth each time such employee needs to express the milk. Employees are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.

Employers should review their handbooks and other policies to ensure that they are updated to comply with these changes. In addition, employers should educate their supervisors and managers about the changes in the law to help avoid inadvertent missteps in the future.

Failure to comply with the new pregnancy protection regulations can result in legal penalties, damage to the company's reputation, and a negative impact on employee morale and retention. By proactively addressing these changes, employers not only meet legal requirements but also demonstrate a commitment to supporting the well-being and equality of their workforce.

• Learn what the Pregnant Workers Fairness Act (PWFA) is and the requirements
• Learn how the PWFA mandates employers to follow reasonable accommodation regulations.
• Learn what an eligible employee is.
• Learn what an eligible Employers is.
• Learn what the enforcement is for Employers’ who violate the PWFA.
• Learn when allegations of violating the PWFA start.
• Learn how Employers need to provide reasonable accommodation options to candidates and employees.
• Learn what the Interactive Process is.
• Learn how you can track the Interactive Process to avoid litigation and court settlements.
• Learn examples of what reasonable accommodations are allowed.
• Learn what Other Medical Conditions are included in the PWFA.
• Learn what constitutes an Undue Hardship for Employers to be exempt.
• Learn how states are managing the state regulations around pregnancy protections.
• Learn how the PUMP Act and Pregnant Workers Fairness Act help employees and have challenges for Employers.
• Learn what the requirements are for the federal regulations and when they are effective.
• Learn how Employers need to make changes to employee handbooks and policies to comply with the new regulations.
• Learn how training managers and supervisors will help Employers comply with the new regulations.

As societal awareness and legal frameworks around workplace equality continue to evolve, 2024 has seen the introduction of new regulations aimed at enhancing protections for pregnant employees. These regulations are designed to ensure that pregnant workers receive fair treatment, reasonable accommodations, and protection from discrimination and harassment. Understanding these new requirements is crucial for employers who must adapt their policies and practices to comply.