
On January 20, 2025, President Donald J. Trump named Commissioner Andrea R. Lucas as Acting Chair of the EEOC. Since joining the commission in 2020, Lucas has been a strong advocate for addressing the evolving landscape of employment and civil rights issues. As these changes continue to shape the workplace, it’s crucial for both healthcare providers and employers to stay informed. On December 18, 2024, the EEOC issued updated guidance on the Pregnant Workers Fairness Act (PWFA), highlighting the vital role healthcare providers play in supporting pregnant workers.
Background
As we mentioned previously, the PWFA mandates that employers with at least 15 employees provide reasonable accommodations for workers affected by pregnancy, childbirth, or related medical conditions. This law ensures that pregnant workers have the same employment opportunities and rights as other employees, particularly in terms of performing essential job functions and receiving workplace accommodations. Accommodations are required unless they would impose undue hardship on the employer’s operations.
A key aspect of the PWFA is determining whether an employee qualifies for accommodations. Employees may be considered “qualified” in two ways: first, if they can perform the essential job functions with or without reasonable accommodations, akin to the standard under the Americans with Disabilities Act. Alternatively, employees who temporarily cannot perform essential functions may still qualify for accommodations if their inability is short-term, potentially reversible, and can be reasonably accommodated.
EEOC new guidance
The EEOC released updated guidance on December 18, 2024, outlining the role of healthcare providers in assisting patients seeking workplace accommodations under the PWFA. The guidance encourages healthcare providers to support their patients by informing them about the PWFA, recommending appropriate accommodations, and providing necessary documentation to facilitate the process. This empowers patients to advocate for themselves and secure accommodations for pregnancy-related conditions, childbirth, and associated medical issues in the workplace.
While primarily directed at healthcare providers, the new guidance also has significant implications for employers who must manage employees experiencing pregnancy, childbirth, and related medical conditions.
How this impacts employers
The updated guidance reinforces that the responsibility to accommodate pregnant workers falls on employers. Under the PWFA, employers must ensure that pregnant employees, as well as those with related conditions such as lactation, infertility, menstrual issues, and fertility treatments, are provided with workplace accommodations that do not impose undue hardship on the employer’s operations. Accommodations may include adjustments such as additional restroom breaks, access to drinking water, or alternating between sitting and standing requirements that should not necessitate extensive evaluation or analysis.
Employers are only exempt from providing accommodations if doing so would result in significant difficulty or expense to the business, a standard referred to as “undue hardship.” The guidance highlights that employers must offer the same opportunities and protections to pregnant workers as they do to other employees, ensuring a fair and equitable work environment for all.
Furthermore, accommodations should be based on known limitations, meaning conditions communicated directly by the employee or their representative, emphasizing the need for clear communication in the workplace. Employers may request minimal documentation to confirm a condition but cannot demand excessive medical records from employees seeking accommodations. Any documentation requested must be reasonable and pertinent to the specific situation. Lastly, employers must ensure compliance with both the PWFA and any state or local laws that offer broader protections, meeting the highest standards of protection for employees affected by pregnancy and related conditions.
Anticipating changes under a new administration: what this means to you
As we look ahead to the potential changes under a new administration, employers should be prepared for possible shifts in the enforcement and interpretation of the PWFA. While the final rule provides clarity on key provisions, new leadership at the federal level could influence how strictly these regulations are enforced or whether additional changes are made to expand protections further. For example, future policy shifts may refine definitions related to “reasonable accommodations” or “undue hardship,” or could broaden the scope of conditions considered related to pregnancy and childbirth.
Moreover, with continued attention to gender equity and workplace protections, it is likely that other regulatory changes could emerge, especially regarding how employers manage workplace accommodations for pregnancy and related conditions. Employers should monitor the regulatory landscape closely and be proactive in adjusting their policies to align with any new interpretations or additional guidance that may come from the EEOC or other agencies. Staying ahead of potential shifts will help ensure compliance and minimize risk as the PWFA evolves under new leadership.
As always, we will provide further updates as the situation evolves. In the meantime, employers should take immediate action to ensure their policies and practices regarding reasonable accommodations comply with the legal requirements of the PWFA.
Contact us
If you have questions regarding how the EEOC’s new guidance on the PWFA impacts your business, please contact Julianne Story, Courtney Steelman, Joanna Rivers, or your Husch Blackwell attorney.