On June 27, 2023, the federal Pregnant Workers Fairness Act, 42 U.S.C. §2000gg, et seq. (the PWFA) went into effect. The PWFA is intended to fill a gap in existing federal law by explicitly requiring covered employers (those with 15 or more employees) to provide reasonable accommodations to qualified applicants and employees related to pregnancy, childbirth or a related medical condition.

Many New York employers initially greeted the PWFA with a big yawn, since New York state and city laws have long required reasonable accommodation of pregnancy- and childbirth-related limitations. However, on Aug. 6, 2023, the EEOC proposed extensive regulations with voluminous accompanying guidance (the Proposed Regulations) outlining far-reaching implications for the PWFA beyond what was expected upon the law’s passage. See 88 Fed. Reg. 54,714 (Aug. 11, 2023).

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