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EEOC Provides Guidance on Implementing the Pregnant Workers Fairness Act 

August 10, 2023

On August 7, 2023, the Equal Employment Opportunity Commission (EEOC) posted a Notice of Proposed Rulemaking (NPRM) for the Pregnant Workers Fairness Act (PWFA), which went into effect in June 2023.

The PWFA strengthens pregnancy-related workplace protections by requiring employers with at least 15 employees to consider employee and applicant accommodation requests related to pregnancy, childbirth, or related medical conditions the same as requests for accommodations related to disabilities under the ADA.

The NPRM provides guidance on elements of the new law, including:

Next Actions for Employers

Once the NPRM is published in the Federal Register, employers will be able to provide comments electronically by accessing the Federal eRulemaking Portal at In its section-by-section analysis, the EEOC specifically seeks comment on the following topics :

However, comments are permitted on any part of the proposed regulation, the section-by-section analysis, and the appendix. Comments on the NPRM are due 60 days after official publication in the Federal Register, which is scheduled to be Friday, August 11, 2023. The EEOC then has until December 29, 2023, to issue final regulations.

As a best practice, employers may want to review the proposed regulations to better understand their obligations under the PWFA and how the EEOC intends to enforce the law. Employers also may want to review and perhaps update any pregnancy accommodation policies and related forms, or implement policies if none exist, for compliance with the PWFA.  

If you have questions about how this development will impact your workplace, please contact your Miller Canfield attorney or one of the authors of this alert.