Equal Employment Opportunity Commission - Final rule and interpretive guidance on the Pregnant Workers Fairness Act

Sep 21, 2026

The Equal Employment Opportunity Commission issues a final rule and interpretive guidance to implement the Pregnant Workers Fairness Act. The rule requires covered entities to provide reasonable accommodations to qualified employees or applicants with known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so causes undue hardship to business operations. It explains regulatory authority under the PWFA and related provisions, summarizes the rulemaking timeline and public comments, and provides definitions and usage of key terms throughout enforcement.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages408

Reading Time17 h 8 min

AccessFree to download

Introduction

General Information on Terms Used in the Regulation and Interpretive Guidance

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1636 RIN 3046-AB30 Implementation of the Pregnant Workers Fairness Act AGENCY: Equal Employment Opportunity Commission. ACTION: Final rule and interpretive guidance. SUMMARY: The Equal Employment Opportunity Commission is issuing this final rule and interpretive guidance to implement the Pregnant Workers Fairness Act, which requires a covered entity to provide reasonable accommodations to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause an undue hardship on the operation of the business of the covered entity. DATES: This final rule and interpretive guidance is effective on [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER] . FOR FURTHER INFORMATION CONTACT: Sharyn Tejani, Associate Legal Counsel, Office of Legal Counsel at 202-900-8652 (voice), 1-800-669-6820 (TTY), [sharyn.tejani@eeoc.gov. Requests](sharyn.tejani@eeoc.gov. Requests) for this final rule and interpretive guidance in an alternative format should be made to the Office of Communications and Legislative Affairs at (202) 921- 3191 (voice), 1-800-669-6820 (TTY), or 1-844-234-5122 (ASL video phone) . SUPPLEMENTARY INFORMATION: Introduction The Pregnant Workers Fairness Act (PWFA) 1 requires a covered entity to provide reasonable accommodations to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, absent undue hardship on the operation of the business of the covered entity. The PWFA at 42 U.S.C. 2000gg–3(a) directs the Equal Employment Opportunity Commission (EEOC or Commission) to promulgate regulations to implement the PWFA. The Commission issued its notice of proposed rulemaking (NPRM) on August 11, 2023, and invited public comment on this proposal from August 11, 2023, through October 10, 2023.2 Members of the public submitted approximately 98,600 comments to the EEOC during this 60-day period. Several of those comments were signed by multiple individuals; thus, the total number of comments was over 100,000 .3 Pursuant to 42 U.S.C. 2000gg–3(a), the Commission is issuing this final regulation and an appendix entitled “Appendix A to Part 1636—Interpretive Guidance on the Pregnant Workers Fairness Act”(Interpretive Guidance). As explained in the NPRM, the Interpretive Guidance (a proposed version of which was included in the NPRM) will become part of 29 CFR part 1636.4 The Interpretive Guidance represents the Commission’s interpretation of the issues addressed within it, and the Commission will be guided by the regulation and the Interpretive Guidance when enforcing the PWFA.5 1 Consolidated Appropriations Act, 2023, Pub. L. 117-328, Div. II, 136 Stat. 4459, 6084 (2022) (codified at 42 U.S.C. 2000gg to 2000gg–6) . 2 88 FR 54714–94 (proposed Aug. 11, 2023) (to be codified at 29 CFR part 1636) . 3 The vast majority of the comments were form comments that were identical or slightly altered versions of a few base form comments. 4 88 FR 54719. 5 Id. General Information on Terms Used in the Regulation and Interpretive Guidance The PWFA at 42 U.S.C. 2000gg(3) uses the term “employee (including an applicant)” in its definition of“employee.” Thus, throughout the statute, this preamble, the final regulation, and the Interpretive Guidance, the term “employee” should be understood to include “applicant”where relevant. Because the PWFA relies on Title VII of the Civil Rights Act of 1964 (Title VII), as amended by the Pregnancy Discrimination Act of 1978 (PDA), 42 U.S.C. 2000e et seq. for its definition of“employee,” that term also includes “former employee,” where relevant.6 The PWFA defines “covered entity” using the definition of“employer” from different statutes, including Title VII.7 Thus “covered entities” under the PWFA includ

FAQs

What obligation does the Pregnant Workers Fairness Act impose on covered entities?

Covered entities must provide reasonable accommodations to qualified employees or applicants with known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause undue hardship on the business’s operations.

When does the final rule take effect?

The final rule and interpretive guidance are effective 60 days after the date of publication in the Federal Register (shown in the document as an insert placeholder).

How does the regulation explain the terms “employee” and “covered entity”?

The document states that “employee” includes “applicant” where relevant and may include “former employee,” based on the PWFA’s use of Title VII definitions. It also explains that “covered entity” uses an “employer” definition across multiple statutes, including Title VII, and that the document uses “covered entity” and “employer” interchangeably.

Sep 21, 2026

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