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The Equal Employment Opportunity Commission (EEOC) implemented a final rule on Monday requiring most employers to provide “reasonable accommodations” for workers experiencing limitations due to pregnancy, childbirth or other related conditions such as choosing to get an abortion.
The final rule implements the Pregnant Workers Fairness Act (PWFA) that was signed into law in 2022 and went into effect last year. It requires covered entities to provide “reasonable accommodations” relating to an employee’s pregnancy, childbirth or related medical conditions.
The PWFA does not require leave to be paid as part of these accommodations, though an employer can provide paid leave if their policies account for it. These accommodations are required unless providing them causes “undue hardship” on the operation of the business. Employers may cite their religion when seeking an exemption from the rule.
The final rule states: “Under the framework of this final rule, accommodations related to abortion — like all accommodations — remain subject to applicable exceptions and defenses, including both those based on religion and undue hardship.”
The EEOC includes lactation, miscarriage, stillbirth, the decision to have or not have an abortion, preeclampsia, gestational diabetes, and HELLP (hemolysis, elevated liver enzymes, low platelet count) as related conditions.
I led 82 @HouseDemocrats in calling on the EEOC to explicitly include abortion in its definition of “pregnancy, childbirth, or related medical conditions,” consistent with longstanding interpretation of the same phrase in Title VII—& I’m particularly grateful to see this coverage… pic.twitter.com/Zb4NbKGiGu
— Rep. Nadler (@RepJerryNadler) April 15, 2024
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