The Pregnant Workers Fairness Act (PWFA) requires many employers to provide reasonable accommodations for workers with known limitations related to pregnancy, childbirth, or related medical conditions. You do not have to be considered disabled to qualify for protection under the law, and many employees who would not qualify under other workplace laws may still have rights under the PWFA.
Who Is Covered by the Pregnant Workers Fairness Act?
The PWFA, which took effect in June 2023, was designed to help employees continue working safely while addressing temporary limitations associated with pregnancy and childbirth.
The law generally applies to:
- Private employers with 15 or more employees
- Federal agencies
- State and local government employers
- Employment agencies
- Labor organizations
Most employees and qualified job applicants working for covered employers may qualify if they have a known limitation related to pregnancy, childbirth, or a related medical condition. Unlike some other employment laws, the limitation does not have to qualify as a disability.
The law also protects qualified job applicants during the hiring process.
What Conditions Does the PWFA Cover?
The PWFA extends beyond pregnancy alone. It covers physical or mental limitations arising from:
- Pregnancy
- Childbirth
- Recovery from childbirth
- Related medical conditions
Related medical conditions may include morning sickness, gestational diabetes, preeclampsia, miscarriage recovery, lactation, postpartum depression, and other pregnancy-related limitations.
What Rights Does the PWFA Give Employees?
If you qualify, your employer may be required to provide a reasonable accommodation unless doing so would create an undue hardship for the business.
The law also generally prohibits employers from:
- Denying reasonable accommodations without considering available options
- Requiring you to accept an accommodation you did not request if another effective option exists
- Forcing you to take leave if another reasonable accommodation would allow you to continue working
- Retaliating against you for requesting an accommodation or exercising your rights under the PWFA
Employers are generally expected to engage in a good-faith interactive process to identify an effective accommodation.
What Is a Reasonable Accommodation?
A reasonable accommodation is a workplace adjustment that helps an employee continue working despite pregnancy-related limitations. The right accommodation depends on the employee’s job duties and medical limitations.
Depending on your situation, reasonable accommodations may include:
- Additional restroom, water, or meal breaks
- A stool or chair for jobs that normally require standing
- Light duty or temporary modification of certain physical tasks
- Schedule adjustments for prenatal appointments
- Temporary lifting restrictions
- Flexible start or end times
- Permission to carry water or snacks while working
Employers do not have to grant every request, but they generally must consider reasonable options and discuss possible accommodations.
How Is the PWFA Different From the ADA and FMLA?
Several workplace laws may apply during pregnancy, but they serve different purposes.
| Law | Primary Purpose |
| Pregnant Workers Fairness Act (PWFA) | Requires reasonable accommodations for pregnancy, childbirth, and related medical conditions, even when the condition is not a disability. |
| Americans with Disabilities Act (ADA) | Protects qualified employees with disabilities. Some pregnancy-related complications may qualify as disabilities, but pregnancy by itself generally does not. |
| Family and Medical Leave Act (FMLA) | Provides eligible employees with unpaid, job-protected leave for qualifying medical and family reasons. It focuses on leave rather than workplace accommodations. |
Some employees may have rights under more than one law. For example, pregnancy complications could qualify for accommodations under both the PWFA and ADA, while the FMLA may provide job-protected leave if eligibility requirements are met.
Common Misconceptions About the PWFA
Several misunderstandings cause employees to overlook their rights.
“I have to be disabled to qualify.”
No. One of the primary differences between the PWFA and the ADA is that the PWFA does not require a disability.
“My employer can simply tell me to take leave.”
Not necessarily. If a reasonable accommodation would allow you to continue working, an employer generally cannot require leave instead.
“Only full-time employees are protected.”
Protection is not limited to full-time workers. Eligibility depends on the law’s requirements and whether the employer is covered, not simply your work schedule.
What If You’re Not Sure the PWFA Applies?
Coverage questions sometimes arise because of employer size, the nature of the medical condition, or disagreements about whether an accommodation is reasonable.
Ongoing court challenges have affected how the PWFA is enforced in certain states and for certain employers. While the law generally applies nationwide, court decisions may affect the rights or remedies available in specific situations. If coverage is disputed, legal guidance can help determine how the law applies to your circumstances.
If your employer disputes your request, consider:
- Documenting your accommodation request in writing
- Keeping copies of medical documentation and workplace communications
- Asking your employer to explain why your request was denied
- Speaking with an employment attorney if you believe your rights may have been violated
Early legal guidance may help clarify whether the PWFA, the ADA, the FMLA, or another federal employment law applies to your situation.
Questions About Your Workplace Rights During Pregnancy?
If your employer denied a reasonable accommodation or you are unsure whether the PWFA applies, we can review your situation and explain your legal options. Solomon Law Firm represents federal employees in workplace accommodation and discrimination matters. Contact us today to discuss your rights.