The U.S. Equal Employment Opportunity Commission says that abortion-related accommodations are included under the Pregnant Workers Fairness Act . The final version of the EEOC ’s rule for implementing the PWFA was released today.employers to provide “reasonable accommodations” for workers with limitations relating to “pregnancy, childbirth or related medical conditions” unless the accommodation would result in an undue hardship for the employer.
They add, “The commission also received many comments that expressed deeply held beliefs, including religious beliefs, that abortion is a necessary part of health care and that an employer’s religious beliefs should not dictate an employee’s ability to receive a reasonable accommodation under the PWFA.”
The EEOC makes it clear that they are not requiring any employers or health care providers to provide or pay for abortions or any travel-related expenses. The abortion accommodations covered under PWFA would typically include allowing time off for the procedure and recovery. The commission also stated that it will also consider religious objections to providing abortion accommodations on a case-by-case basis.
Putting the abortion debate aside, the PWFA will make a significant contribution to ensuring that pregnant workers can stay on the job. The law updates the Pregnancy Disability Act, passed in 1978. Prior to the passage of PWFA, workers were required to prove that their employer accommodated others who were similar in their ability or inability to work.found that courts sided with the employer in two-thirds of lawsuits brought by pregnant workers since 2015.
According to the ACLU, even simple accommodations were often refused. “Under the pre-PWFA landscape, although the majority of pregnant workers report needing at least one form of modest accommodation, such as more frequent bathroom breaks or a schedule change, roughly a quarter report being unable to obtain them,” writes the. Many will work until late in their pregnancies and return after delivery.
Pregnancy Workers Fairness Act Congress Accommodations PWFA Rules Abortion Pregancy Disability Act Pregnant Rights
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