Pregnant Workers Are Entitled to Shorter Hours, More Breaks Under New EEOC Rule

The Equal Employment Opportunity Commission issued a proposed rule Tuesday that requires employers to give pregnant workers and new mothers more breaks and shorter hours.

The rule implements the Pregnant Workers Fairness Act, which took effect June 27 and requires employers to provide “reasonable accommodations'' to workers who are pregnant or have recently given birth. That includes more frequent breaks, reduced work schedules or different uniforms for such employees. The law was signed by President Biden at the end of last year.

“Some pregnant workers have not received simple, common-sense accommodations, such as a stool for a cashier or bathroom breaks for a preschool teacher,” the EEOC said in its proposed rule.

Pregnant people make up a growing share of the labor force. In 2021, more than 66% of women in the United States who gave birth in the prior year were in the labor force, compared to 57% in 2006, according to census data cited by the EEOC.

“Importantly, the economic damage done to pregnant workers and their families due to the lack of a right to reasonable accommodation during pregnancy is especially hard-hitting for workers in low-wage jobs," the EEOC said.

The new law aims to help employees who are affected by pregnancy and childbirth continue working by filling gaps in other federal legal protections under Title VII and the Americans with Disabilities Act, said the EEOC. The agency has been charged with issuing regulations under the law by December 29 of this year. The commission will begin accepting comments from the public on Aug. 11.

“The PWFA is a step forward for workers, families and the economy,” said EEOC Chair Charlotte A. Burrows.