Attorney General Bonta Joins Comment Letter in Support of Proposed Rule to Implement Federal Pregnant Workers Fairness Act

OAKLAND – California Attorney General Rob Bonta today joined a multistate coalition of attorneys general in submitting a comment letter supporting the U.S. Equal Employment Opportunity Commission (EEOC)’s proposed rule to implement the federal Pregnant Workers Fairness Act (PWFA). The PWFA, which passed with bipartisan support in Congress late last year, requires employers to offer accommodations to employees for pregnancy-related medical conditions during the entire period from pregnancy to postpartum recovery. Such pregnancy-related conditions include fertility treatments and pregnancy loss, and accommodations include time off to recover from childbirth and time off to access abortion care.

“No one should have to choose between a healthy pregnancy and their job,” said Attorney General Rob Bonta. “For over twenty years, California has been at the forefront of protecting pregnant workers, and now PWFA will do just that by ensuring equal and strong protection in the workforce across this country. I’m pleased to join a coalition of attorneys general in support of EEOC’s proposed rule to implement this critical law that promotes the health and economic security of pregnant workers and their families.”

EEOC, the agency tasked with enforcing the Act, issued its proposed rule last month to implement this recently enacted law. The proposed rule implements the requirements of the Act through regulation, and provides examples of potential reasonable accommodations, from frequent breaks to modified work schedules.

In the comment letter, the Attorneys General: 

• Strongly support the proposed rule, which will provide critical and overdue protections for workers and their families.
• Highlight the states’ experience with their own PWFA-type laws and affirm the ease of implementation.
• Provide suggestions to strengthen the implementation of the law based on states’ experience. 

In filing the comment letter, Attorney General Bonta joins the attorneys general of Arizona, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New York, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.

A copy of the comment letter is available here.