Finalized federal regulations published on Monday have clarified that workers are entitled to time off and other job accommodations for abortions, as well as for pregnancy-related medical conditions such as miscarriage, stillbirth, and lactation under the Pregnant Workers Fairness Act. The law, which passed with bipartisan Congressional support in December 2022, aims to provide guidance for employers and workers on implementing these provisions.
The Equal Employment Opportunity Commission (EEOC) has maintained the inclusion of abortion provisions in the final rules, citing consistency with Title VII and court rulings. The law requires most employers with 15 or more employees to provide reasonable accommodations for workers' limitations related to pregnancy, childbirth, and related medical conditions, unless it causes undue hardship to the employer.
Labor advocates have praised the law for its importance, particularly for women of color in low-wage jobs who are often denied necessary accommodations. Major business groups have also supported the law, emphasizing the need for clarity on employer obligations.
While the EEOC's decision has faced criticism from Republican lawmakers and anti-abortion activists, abortion rights proponents have welcomed the provision as crucial, especially in light of recent restrictions on abortion rights in various states.
The new regulations outline the types of accommodations pregnant workers can request, ranging from temporary exemptions from job duties to considerations for morning sickness. The law represents a significant step forward in protecting pregnant workers' rights and ensuring workplace equality.
A Better Balance, a prominent advocate for the Pregnant Workers Fairness Act, commended the EEOC for issuing comprehensive final regulations that uphold the spirit of the law.
