How the Pregnant Workers Fairness Act Expands the Duty To Accommodate

Labor and employment partner Alexa Miller authored an article for the New Jersey Law Journal that discusses the Pregnant Workers Fairness Act (PWFA), which expands protections for pregnant applicants and employees.

In the article, Miller provides an overview of the PWFA and lists what it prohibits employers from doing to pregnant employees. She also covers 1) proposed regulations by the Equal Employment Opportunity Commission (EEOC), 2) proposed definitions that change the accommodation process, and 3) examples of reasonable accommodations and predictable assessments.

Miller notes that the EEOC’s proposed regulations encourage employers to have an open dialogue with employees about pregnancy-related accommodation needs and discourage employers from seeking medical documentation unless it is reasonable under the circumstances.

The full article is available for New Jersey Law Journal subscribers.