The legislation was passed and signed into law last year as part of the Consolidated Appropriations Act of 2023 and the EEOC has indicated that it will begin adjudicating cases under the PWFA on June 27th. 

The PWFA requires EEOC to “issue rules . . . including providing examples of reasonable accommodations addressing known limitations relating to pregnancy, childbirth, or related medical conditions.” Additionally, under the Administrative Procedure Act (APA), federal agencies must allow stakeholders to offer public comment on all proposed rules. However, to date, the Commission has not issued a Notice of Proposed Rulemaking (NPRM) to give stakeholders notice of a rule or the opportunity to provide feedback on a proposed rule, despite its intent to begin adjudicating cases later this month.  

“The rulemaking requirements under the APA are not advisory,” wrote Dr. Cassidy. “They are designed to preserve and enshrine the procedural due process rights of stakeholders by providing stakeholders notice of proposed binding legal obligations and the ability to comment on enforcement policy affecting their liberty interests. 

“As the lead Republican sponsor of the PWFA, I care deeply about this law being implemented properly to ensure that pregnant women have the workplace accommodations they need,” continued Dr. Cassidy.  

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