EEOC Pregnant Workers Fairness Act Final Rule: Expansive Regulations, New Framework for Workplace Accommodation
Covered Medical Conditions, Eligible Employees and Applicants, Reasonable Accommodation, Employer Impact, Compliance Strategies
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide employment practitioners through the Equal Employment Opportunity Commission's (EEOC) expansive Pregnant Workers Fairness Act (PWFA) final regulations, effective June 18, 2024, and the impact these will have on employers. The panel will address how the PWFA framework differs from that of the ADA. The panel will also provide examples of what may be considered reasonable accommodation under the PWFA, discuss when employers may seek supporting medical documentation, and offer best practices for compliance.
Outline
- Introduction: history of the final rule
- EEOC's PWFA final rule
- Covered employers
- Eligible employees and applicants
- Covered medical conditions
- Expansive definition of "pregnancy, childbirth or related medical conditions"
- Level of severity required
- Reasonable accommodation
- Temporary suspension of essential job functions
- Accommodations assumed to be reasonable
- Leave as a last resort
- Examples of reasonable accommodation
- Medical documentation and inquiries
- Employer defenses
- ADA interaction
- Agency enforcement
- Best practices for compliance
Benefits
The panel will review these and other key considerations:
- Who are covered employers under the PWFA? Eligible employees and applicants?
- What medical conditions are covered under the PWFA?
- What obligations are required of employers under the PWFA? How do these differ from employer obligations under the ADA?
- What are examples of reasonable accommodation under the PWFA? When is leave considered a reasonable accommodation under the PWFA?
- Under what circumstances should employers not request supporting medical documentation for certain accommodation requests under the PWFA?
Faculty
Abigail Barr
Partner
Ice Miller
Ms. Barr focuses her practice on helping employers avoid and resolve labor and employment law issues. She has extensive... | Read More
Ms. Barr focuses her practice on helping employers avoid and resolve labor and employment law issues. She has extensive experience in litigation, collective bargaining, mediation, and arbitration, practicing before the EEOC, Ohio Civil Rights Commission, and both state and federal courts. Ms. Barr has represented a wide variety of employers—both public and private—in employment litigation and has successfully litigated cases involving employment discrimination, retaliation, and trade secrets as well as several wage and hour class and collective actions. In addition to her litigation practice, Ms. Barr counsels employers on union relations, Title VII, the Family and Medical Leave Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act as well as various state and federal wage and hour laws. She also routinely advises clients on employee handbooks and policies, restrictive covenants, such as noncompetition and non-solicitation agreements, and provides counsel on employment agreements and exit plans.
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Jessica L. Craft
Of Counsel
Littler Mendelson
Ms. Craft focuses on management-side employment litigation and civil defense practice. She has extensive experience in... | Read More
Ms. Craft focuses on management-side employment litigation and civil defense practice. She has extensive experience in defending employers in claims of discrimination, harassment, and retaliation. Ms. Craft provides direct counseling and advice and enjoys assisting employers on the complexities of various federal and state laws. As part of that work, she routinely assists in developing policies and procedures. She particularly enjoys providing counseling and advice on the PUMP Act and the Pregnant Workers Fairness Act. Ms. Craft also regularly defends employers in collective and hybrid actions brought under the Fair Labor Standards Act.
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