The law requires reasonable accommodations for worker limitations arising from pregnancy, childbirth, or related medical conditions. Image: BT-Suksan/Shutterstock.com
By: FEDweek StaffThe EEOC has said it will continue to apply its interpretation of protections under the Pregnant Workers’ Fairness Act for federal employees along with employees of larger private-sector employers, although indicating that that will change once another like-minded member is confirmed to its governing board.
That law, enacted in 2022 and taking effect the following June, requires reasonable accommodations for worker limitations arising from pregnancy, childbirth, or related medical conditions unless the accommodation would cause an undue hardship to the employer. Employers may not deny a job or other employment opportunities based on the person’s need for an accommodation; or retaliate against someone for reporting or opposing a violation of the law or for participating in a PWFA proceeding such as an investigation into an alleged violation.
In a statement, the EEOC noted that acting chair Andrea R. Lucas—one of only two members, split by party, on the five-seat board after the Trump administration fired two Democratic members—voted against the interpretive EEOC rules issued in 2024.
It said she still holds to the position she voiced at the time that the rule “fundamentally errs in conflating pregnancy and childbirth accommodation with accommodation of the female sex, that is, female biology and reproduction. The Commission extends the new accommodation requirements to reach virtually every condition, circumstance, or procedure that relates to any aspect of the female reproductive system.”
The rule for example spelled out medical conditions that might trigger eligibility for such accommodations, including for example miscarriage, still birth, migraines, lactation and morning sickness and gave examples of potential accommodations including temporary reassignment, temporary suspension of certain job duties, telework or time off to recover from childbirth or a miscarriage, among others.
The statement notes that without a quorum, the EEOC board “cannot unilaterally rescind or modify” agency rules in whole or in part. “Once a quorum is re-established at the Commission, Acting Chair Lucas intends for the Commission to reconsider portions of the Final Rule that she believes are unsupported by law,” it says.
OPM Advises Agencies on Conducting RIFs During Shutdown
Updated Shutdown Contingency Plans Show Range of Impacts
Use Shutdown as Justification for More RIFs, OMB Tells Agencies
Unions Win a Round in Court Disputes over Anti-Representation Orders
Deferred Resignation Periods End for Many; Overall 12% Drop
Senate Bill Would Override Trump Orders against Unions
See also,
How to Handle Taxes Owed on TSP Roth Conversions? Use a Ladder
The Best Ages for Federal Employees to Retire
Best States to Retire for Federal Retirees: 2025
