Employers must provide accommodations for abortions and contraception under new rule

The Equal Employment Opportunity Commission (EEOC) implemented a final rule on Monday requiring most employers to provide “reasonable accommodations” to workers who face limitations due to pregnancy, childbirth or other related conditions, such as choosing a have an abortion.

The final rule implements the Pregnant Workers Fairness Act (PWFA), which was signed into law in 2022 and took effect last year. Requires covered entities to provide “reasonable accommodations” relating to an employee’s pregnancy, childbirth, or related medical conditions.

The PWFA does not require that leave be paid as part of these accommodations, although an employer may provide paid leave if its policies consider it. These accommodations are necessary unless providing them would cause “undue hardship” on the operation of the business. Employers may cite your religion when seeking an exemption from the rule.

“Under this final rule, abortion-related accommodations – like all accommodations – remain subject to applicable exceptions and defenses, including those based on religion and undue hardship,” the final rule states.

The EEOC considers related conditions such as lactation, miscarriage, stillbirth, having or choosing not to have an abortion, preeclampsia, gestational diabetes, or HELLP (hemolysis, elevated liver enzymes, low platelet count).

The EEOC has provided examples of reasonable accommodations, such as breaks to eat, drink, or use the bathroom; a stool to sit on while you work; time off for health appointments; temporary transfers or suspension of some work functions; and time off to recover from childbirth, miscarriage or other conditions.

The law applies to “public and private employers with 15 or more employees, unions, employment agencies and the Federal Government”. The final rule will be published on April 19th and will come into effect 60 days after this date.

Employees who believe their employer has violated the PWFA may file a complaint with the EEOC. Remedies for violations may include lost wages, additional compensation for emotional distress, as well as coverage of legal fees.

“The Pregnant Workers Fairness Act is a victory for workers, families and our economy. It gives pregnant workers clear access to reasonable accommodations that will allow them to continue to do their jobs safely and effectively, free from discrimination and retaliation,” EEOC Chair Charlotte A. Burrows said in a statement.

“This encourages employers and employees to communicate early and often, allowing them to identify and resolve issues in a timely manner.”