The document also provides examples of possible reasonable accommodations, including: "The EEOC uses the term 'uncomplicated' pregnancy rather than 'healthy' or 'normal,' which again expands the scope of protection." "The new regulations provide definitions of key language in the PWFA such as 'temporary,' 'essential functions,' and 'communicated to the employer,' " Bacon said. For this reason, some pregnant workers have not received simple, common-sense accommodations, such as a stool for a cashier or bathroom breaks for a preschool teacher. However, there may not always be similarly situated employees, Bacon said. ![]() If there is direct evidence of disparate treatment, such as a biased comment or a policy that, on its face, excludes pregnant workers.If the worker can identify another individual similar in their ability or inability to work who received such an accommodation, or.For example, courts typically have only found in favor of claims for workplace modifications arising from pregnancy-related conditions: Bacon, an attorney at Frost Brown Todd in San Francisco, said the PWFA was promulgated to fill gaps in existing law. The PWFA, which took effect on June 27, requires covered employers to provide reasonable accommodations to a worker's known limitations related to pregnancy, childbirth or related medical conditions, unless the accommodation will cause the employer an undue hardship. Proposed Regulations Expand Scope of Protections for Pregnant Workers "The regulation provides concrete, real-world examples that help workers understand their rights and help employers comply with the new law and reap the benefit of retaining skilled employees." ![]() ![]() "The EEOC's bipartisan proposed regulation helps to bring the promise of this transformative law to life, enabling pregnant and postpartum workers to retain their jobs while maintaining a healthy pregnancy and recovering from childbirth," EEOC Vice Chair Jocelyn Samuels said in a statement. The proposed rule will be available for public comment in the Federal Register on Aug. Equal Employment Opportunity Commission (EEOC) posted a notice of proposed rulemaking on Monday to implement the Pregnant Workers Fairness Act (PWFA)-a law that requires employers to make reasonable changes in the workplace to support employees who have pregnancy-related limitations.
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