In 1992, the European Union established the Pregnant Workers Directive. The Directive required EU member nations to, among other things, conduct risk assessments to improve the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding. The necessity for the EU’s 1992 Pregnant Workers Directive is equivalent to the U.S.’s necessity to implement the federal Pregnant Workers Fairness Act (PWFA) now, with final rules effective June 18, 2024.

Although the main thrust of the EU’s Pregnant Workers Directive requires employers to conduct risk assessments, the U.S.’s PWFA did not follow this path. There is no requirement for U.S. employers to conduct risk assessments under the PWFA. Why does the EU’s and the U.S.’s major approach to pregnant worker safety and health concerns go in opposite directions?