More Changes to Workplace Pregnancy Policies

Proposed EEOC guidance published earlier this month provides insight into what will be yet another pregnancy focused policy for the workplace.  The proposed policy specifies that sex-based harassment includes harassment based on pregnancy, childbirth, or related medical conditions. This proposed guidance could bring many pregnancy- and childbirth-related topics, such as lactation and reproductive choices, under the umbrella of subjects protected by federal anti-harassment laws. 

This proposed guidance comes on the heels of the Pregnant Workers Fairness Act. The new law requires covered employers to provide reasonable accommodations to qualified employees and applicants “related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.” 

According to a recent Law360 Article, “Employers may be accustomed to limiting reasonable accommodations to employees or applicants who are pregnant, have been pregnant or who have given birth. However, under the proposed regulations, it is not necessary that an employee or applicant be or have been pregnant, or have given birth to earn entitlement to a reasonable accommodation under the PWFA.” 

And we would be remiss not to mention the new PUMP Act which requires employers to provide reasonable break time for nursing employees to pump, and a space to pump that is free from intrusion of coworkers. A bathroom will no longer suffice. 

The PUMP Act as well as the PWFA went into effect earlier this year and employers need to make sure their policies and workplaces meet these new requirements. The EEOC’s proposed harassment guidance and the regulations to implement the PWFA still need to be finalized and will likely go into effect early next year. Congress and the EEOC have babies on the brain, and as you look at your workplace accommodations and policies, you should as well.