Recordkeeping and Reporting Requirements Under Title VII, the ADA, GINA, and the PWFA

The Equal Employment Opportunity Commission (EEOC or Commission) proposes to amend the language of its existing recordkeeping regulations under title VII of the Civil Rights Act of 1964 (title VII), the Americans with Disabilities Act (ADA), and the Genetic Information Nondiscrimination Act (GINA) to add references to the Pregnant Workers Fairness Act (PWFA). The PWFA requires covered employers to provide reasonable accommodations to a qualified applicant's or employee's known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. The PWFA adopts by reference the statutory recordkeeping provision of title VII, which authorizes the existing EEOC recordkeeping regulations.