The PWFA requires an employer to provide a reasonable accommodation for an employee who has a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.
The PWFA’s definitions of “employee” and “qualified employee” do not expressly limit the statute’s application to women, and the law’s legislative history is silent on the issue. Consequently, an argument can be made that the PWFA applies to employees regardless of their gender identity.
Furthermore, the PWFA might apply to a pregnant person’s spouse. For example, the spouse of a person who recently gave birth potentially could be entitled to reasonable accommodation to attend therapy appointments for postpartum depression.
Additionally, EEOC’s proposed PWFA implementing regulations could be read to imply that the PWFA provides a right to an accommodation for a male employee to receive fertility treatment.
The EEOC’s indication that the PWFA is non-gender-specific could lead to these possible interpretations. However, these examples are merely speculative. It is likely that the EEOC will provide more guidance on this question when it finalizes its implementing regulations.