Pregnant Workers Fairness Act: Long Anticipated Final Rule Published by the EEOC

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The U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA), which became law on June 27, 2023. Employers previously relied on the EEOC’s proposed rule for guidance in implementing the PWFA, which was issued in August 2023 and previously discussed in a prior alert. The EEOC received over 100,000 comments in response to the proposed rule — 94,000 of those comments specifically related to abortion being included in the definition of “related medical conditions.” The final rule, which substantially reflects the proposed rule, will be published in the Federal Register on April 19, 2024, and take effect 60 days after its publication.