The proposed regulations encompass a wide range of accommodations, including access to abortion and related health needs, for workers before, during, and after pregnancy.
Under the Pregnant Workers Fairness Act (PWFA), the Equal Employment Opportunity Commission (EEOC) has proposed regulations to strengthen the rights of employees, and the American Civil Liberties Union (ACLU) has lately stated publicly in support of these provisions.
Employers are required to provide "reasonable accommodations" for employees who are unable to do their jobs owing to the effects of pregnancy, delivery, or other comparable medical conditions, unless doing so would pose a "undue hardship" for their companies. In August of 2023, the Equal Employment Opportunity Commission (EEOC) submitted recommendations for the implementation of the PWFA. These guidelines would define reasonable accommodation criteria as well as employer responsibilities under the act.
The American Civil Liberties Union (ACLU) commended some of these comprehensive recommendations in the public comment that it provided on October 10, but it also called for further steps to protect the rights and safety of pregnant women.
In its public opinion on the proposed legislation, the American Civil Liberties Union (ACLU) has demonstrated strong support for the inclusion of abortion as a "related medical condition" under the PWFA. They recommend expanding the existing definitions of workplace accommodations and providing greater context for expressions such as "in the near future." In addition, the American Civil Liberties Union proposes revisiting the criteria that are used to decide what constitutes "undue hardship" and offering additional rights for women who are breastfeeding. They are also in favor of reducing the amount of paperwork that employees are required to do each week. Last but not least, everyone in the panel is in agreement that religious organizations should be allowed a limited exemption from the overarching norm that prohibits discrimination when it comes to granting accommodations. These recommendations are reflective of the ACLU's commitment to improve the protection of pregnant workers' rights provided under the PWFA.
"It is our hope that the PWFA will help give rise to a new workplace model that integrates pregnancy as a normal condition of employment," according to the ACLU.
