Interested in training for your team? Click here to learn more

Employer Obligations Under the Pregnant Workers Fairness Act: Regulatory Update, Legal Challenges, New Administration

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, July 23, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, June 27, 2025

or call 1-800-926-7926

This CLE webinar will guide employment practitioners through the Pregnant Workers Fairness Act (PWFA) and the Equal Employment Opportunity Commission's (EEOC) expansive final regulations that went into effect last year as they stand currently and the potential impact of a new administration as the regulations face new scrutiny. The panel will address how the PWFA framework differs from that of the ADA, provide examples of what may be considered reasonable accommodation under the PWFA, and offer best practices for compliance in an evolving regulatory landscape.

Description

The EEOC issued final regulations under the PWFA last year that take an expansive view of the statute's requirements and significantly impact employers with 15 or more employees. However, with the advent of a new administration, continued legal challenges, and the firing of the Commission's two democrats, questions arise as to possible changes.

The PWFA requires employers with 15 or more employees to provide reasonable accommodation to qualified employees or applicants who are experiencing known limitations related to "pregnancy, childbirth, or related medical conditions," unless doing so would cause the employer "undue hardship." The regulations broadly define covered medical conditions to include: (1) current, past, and potential pregnancy; (2) childbirth; (3) lactation; (4) use of contraception; (5) infertility treatments; and (6) abortion, among other conditions. The regulations have faced significant legal challenges, particularly with respect to requiring workplace accommodation for abortions.

While the PWFA incorporates the definitions of reasonable accommodation and undue hardship found in the ADA, the regulations provide a different framework for determining whether an employee is "qualified" and allow for the temporary suspension of performing essential job functions as reasonable accommodation. Furthermore, even though the regulations largely track the ADA related to engaging in the interactive process, there are differences. For example, the regulations provide that employers must respond to employee requests with "expediency" and encourage granting an interim accommodation while going through the interactive process.

Listen as our expert panel guides practitioners through employer obligations under the PWFA and the EEOC's current PWFA regulations. The panel will discuss the possible impact of legal challenges and a new administration's heightened scrutiny and offer best practices for compliance.

READ MORE

Outline

  1. Introduction
  2. EEOC's current PWFA regulations
    1. Covered employers
    2. Eligible employees and applicants
    3. Covered medical conditions
    4. Reasonable accommodation
    5. Medical documentation and inquiries
    6. Employer defenses
  3. ADA interaction
  4. Agency enforcement
  5. Possible impact of new administration and legal challenges
  6. Best practices for compliance

Benefits

The panel will review these and other key considerations:

  • Who are covered employers under the PWFA? Eligible employees and applicants?
  • What medical conditions are covered under the PWFA?
  • What obligations are required of employers under the PWFA? How do these differ from employer obligations under the ADA?
  • What are examples of reasonable accommodation under the PWFA? When is leave considered a reasonable accommodation under the PWFA?
  • What legal challenges have been raised against the current regulations? What impact may the new administration have on the regulations?

Faculty

Barr, Abigail
Abigail Barr

Partner
Ice Miller

Ms. Barr focuses her practice on helping employers avoid and resolve labor and employment law issues. She has extensive...  |  Read More

Craft, Jessica
Jessica L. Craft

Of Counsel
Littler Mendelson

Ms. Craft focuses on management-side employment litigation and civil defense practice. She has extensive experience in...  |  Read More

Attend on July 23

Early Discount (through 06/27/25)

Cannot Attend July 23?

Early Discount (through 06/27/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video