Common Employer Mistakes Under the Pregnant Workers Fairness Act (PWFA)

10/25/2025

Even well-intentioned employers are getting tripped up by the new Pregnant Workers Fairness Act (PWFA). Common violations include automatically putting pregnant employees on leave, requiring a “100% release” before returning to work, or ignoring simple accommodation requests. Most PWFA employer mistakes stem from outdated policies or a lack of manager training—and the consequences can be serious. In this guide, we’ll break down the most frequent errors, what they look like in real workplaces, and how to avoid costly compliance failures before they happen.

Why Employers Are Struggling with PWFA Compliance

The Pregnant Workers Fairness Act is still a relatively new law, having taken effect on June 27, 2023. This novelty is a primary source of PWFA compliance challenges. Many HR teams and managers are operating with an outdated understanding of pregnancy rights at work, often confusing the PWFA’s requirements with those of the Americans with Disabilities Act (ADA) or the Pregnancy Discrimination Act (PDA).

While there are similarities, the PWFA creates distinct obligations. Most violations arise from a fundamental misunderstanding of what a "reasonable accommodation" means for temporary, pregnancy-related conditions. The EEOC PWFA guidance is clear: the law favors proactive, flexible solutions that keep an employee working safely. Without updated policies and targeted training, organizations risk making preventable errors that can lead to formal complaints and legal action.

Mistake #1 — Automatically Placing Pregnant Employees on Leave

One of the most significant PWFA violations is forcing an employee onto leave when an accommodation could have allowed them to continue working. The PWFA was specifically designed to prevent this outcome. The law requires employers to explore reasonable accommodations as the first step. Forcing leave should only be a last resort.

This mistake often happens when a manager sees a work restriction and defaults to what seems like the easiest solution: taking the employee off the schedule. However, this is a direct violation of the PWFA accommodation vs. leave principle.

Example: A marketing associate experiencing severe morning sickness requests to start her workday at 10:00 a.m. instead of 8:00 a.m. for a few months. Her role is not time-sensitive. Instead of approving the schedule change, her manager tells her to take unpaid leave until she "feels better." This action constitutes a PWFA forced leave violation because a reasonable accommodation was available and ignored.

Tip: Always engage in the interactive process first. Document the exploration of accommodations like modified schedules, remote work, or reassigned tasks before ever considering leave.

Mistake #2 — Requiring a 100% Release Before Returning to Work

The "100% healed" policy is a relic of outdated workplace practices and is a clear violation of the PWFA. Many employers have historically required employees returning from medical leave to have a doctor's note with no restrictions. The PWFA makes this practice unlawful for pregnancy-related conditions.

The law recognizes that recovery from childbirth is a process. An employee may be able to return to work with temporary modifications. Under the PWFA, a worker can still be qualified even if they are temporarily unable to perform an essential function, as long as they can do so in the near future.

Example: A warehouse associate is cleared to return to work six weeks after a C-section but has a 10-pound lifting restriction for another month. Her job's essential functions include lifting boxes up to 30 pounds. Her employer refuses to let her return until she is "100% recovered" with no restrictions. This is a violation. The employer should have explored temporary light duty or assistance with lifting as a reasonable accommodation for her PWFA return to work.

Tip: Shift your mindset from "all or nothing" to "gradual and supported." Use the interactive process to identify temporary accommodations that facilitate a safe and timely return to work.

Mistake #3 — Failing to Engage in the Interactive Process

Ignoring or delaying an accommodation request is one of the easiest ways to violate the PWFA. The law requires employers to engage in a good-faith, flexible dialogue to find a workable solution. This is known as the PWFA interactive process. A failure to respond in a timely manner can be legally interpreted as a denial of the request.

This mistake often occurs when managers are untrained or unsure of what to do. They might dismiss a verbal request as informal or tell the employee, "I'll look into it," with no follow-up.

Example: A pregnant teacher mentions to her principal that she is struggling with fatigue and needs an extra break during the day. The principal nods but never brings it up again. The teacher’s request is effectively ignored. This lack of response is a failure to engage in the interactive process.

Tip: Treat every request for help related to pregnancy—no matter how informal—as a trigger for the interactive process. Document the conversation, escalate it to HR, and ensure a timely response.

Mistake #4 — Asking for Unnecessary Medical Documentation

The PWFA significantly limits an employer’s ability to demand medical documentation. While it is sometimes permissible, it should not be a default reaction. For many common pregnancy-related requests where the need is obvious, asking for a doctor's note is unnecessary and can be considered a violation.

Over-requesting medical information creates a barrier for employees and increases legal risk, especially under the Genetic Information Nondiscrimination Act (GINA). GINA compliance requires employers to instruct healthcare providers not to share genetic information, including family medical history.

Example: A visibly pregnant employee asks for a stool to sit on at her retail counter. The HR manager insists she must provide a doctor's note detailing her medical need for seating. This is a violation. The need is obvious, and the request is simple. The PWFA medical documentation rules are designed to prevent such burdensome requirements for straightforward accommodations.

Tip: Only request limited medical documentation when the limitation and the need for an accommodation are not obvious. When you do, always include GINA-safe language in your request to the healthcare provider.

Mistake #5 — Sharing Confidential Pregnancy Information with Supervisors

Medical information related to an employee’s pregnancy or accommodation request is confidential. Just like under the ADA, PWFA confidentiality rules require this information to be stored in a separate medical file, not in the employee’s general personnel file.

A common mistake is revealing an employee's specific diagnosis or medical details to their direct supervisor or team. Supervisors only need to know about the work restriction itself, not the underlying medical reason for it.

Example: HR informs a department head that an employee needs a flexible schedule due to "complications with her pregnancy." The manager then shares this detail with the employee’s teammates to explain her schedule change. This is a serious breach of pregnancy medical confidentiality. The manager should only have been told, "Jane will be working a modified schedule from 10-6 for the next few months."

Tip: Train HR and managers to operate on a "need-to-know" basis. HR should manage the medical details, and managers should only receive information about the approved work-related adjustments.

Mistake #6 — Ignoring Lactation and Postpartum Accommodation Requests

The PWFA’s protections do not end at childbirth. The law explicitly covers related medical conditions, which include postpartum recovery and lactation. Employers must provide reasonable accommodations for these needs.

This includes providing reasonable break time and a clean, private space (that is not a bathroom) for employees to express breast milk. Denying or delaying these PWFA lactation breaks is a common and easily avoidable violation.

Example: A new mother returns to work and requests a place to pump. Her manager tells her to use the public restroom or to pump in her car during her lunch break. This is a violation of both the PWFA and the PUMP Act (which amends FLSA Section 7(r) Break Time for Nursing Mothers).

Tip: Proactively identify and designate a compliant lactation space. Review your PWFA breastfeeding policy to ensure it aligns with all federal and state requirements and communicate its availability to all employees.

Mistake #7 — Not Including Applicants and Temporary Workers

The protections of the PWFA extend beyond current, full-time employees. The law explicitly covers qualified job applicants. An employer cannot refuse to hire a candidate because she is pregnant or may need accommodation.

This mistake often stems from unconscious bias during the hiring process. A hiring manager might see a pregnant candidate and make assumptions about her availability or commitment, leading to pregnancy discrimination during hiring.

Example: A highly qualified candidate who is visibly pregnant interviews for a sales position. The hiring manager likes her but tells HR he has "timing concerns" and chooses a less-qualified candidate instead. This is a potential violation of both the PWFA and the Pregnancy Discrimination Act.

Tip: Train all hiring managers and recruiting staff on their obligations under the PWFA. Ensure interview questions are focused solely on the candidate’s ability to perform the essential functions of the job, with or without accommodation.

Mistake #8 — Ignoring the Overlap Between PWFA, ADA, and FMLA

The PWFA does not exist in a vacuum. It works alongside the ADA and the Family and Medical Leave Act (FMLA). A common employer mistake is failing to understand the PWFA, ADA, and FMLA overlap and applying the wrong law at the wrong time.

For example, a serious pregnancy complication could qualify for job-protected leave under the FMLA, accommodations under the ADA (if it rises to the level of a disability), and accommodations under the PWFA. Employers must analyze which law provides the greatest protection at each stage.

Example: An employee with preeclampsia is eligible for FMLA leave. However, she only needs to work from home two days a week as an accommodation to manage her condition. Her employer insists she must take continuous FMLA leave instead. This violates the PWFA’s rule against forcing leave when an accommodation is possible.

Tip: Develop an integrated PWFA coordination strategy. When an employee has a need, first consider a PWFA accommodation to keep them working. If the condition is also an ADA disability or qualifies for FMLA, ensure the employee receives the full benefit of all applicable laws.

Mistake #9 — Using Outdated Policies or Forms

Relying on old policies and forms is a recipe for non-compliance. Many HR departments are still using accommodation request forms that are labeled "ADA Only" or that ask questions appropriate for a permanent disability but not a temporary pregnancy limitation.

A PWFA policy update is essential. Your employee handbook, accommodation forms, and medical certification templates must all be revised to include PWFA-specific language and GINA-compliant disclaimers.

Example: An HR department uses its standard ADA form for a pregnant employee’s request. The form asks for the "permanent nature of the disability" and a detailed medical history. These questions are inappropriate and overreaching for a typical PWFA request.

Tip: Conduct a full audit of all HR documents related to accommodations, leave, and medical information. Replace outdated materials with new, compliant PWFA forms.

How to Prevent PWFA Violations Before They Happen

The best way to avoid PWFA violations is through proactive prevention. Don't wait for a complaint to expose weaknesses in your process.

• Create a PWFA Compliance Checklist: Use it to audit your policies, procedures, and forms.
• Conduct Regular Manager Training: This is the single most effective way to prevent pregnancy discrimination and mishandled requests.
• Review and Update Job Descriptions: Ensure they accurately reflect essential functions.
• Establish Clear Documentation Practices: Document every request, conversation, and decision in a confidential file.
• Foster a Culture of Support: Encourage open communication and treat accommodation requests as opportunities to support your employees, not as burdens.

Real-World Example — A Costly PWFA Violation

Consider this hypothetical PWFA lawsuit example. A national retail chain had a strict attendance policy. A pregnant cashier began experiencing unpredictable morning sickness, causing her to be late several times. She verbally told her store manager, who replied that "everyone has to follow the rules." The manager did not escalate the issue to HR or discuss a scheduled accommodation. After being disciplined for tardiness, the employee filed a complaint.

The EEOC investigated and found that the company violated the PWFA by failing to engage in the interactive process and provide reasonable accommodation. The case resulted in a settlement that included back pay for the employee, mandatory company-wide training, and regular reporting to the EEOC. The lesson is clear: a small failure in communication can lead to significant penalties.

Key Takeaways — Learn from the Most Common PWFA Mistakes

Avoiding PWFA violations comes down to awareness, training, and process. The most common mistakes are preventable. By understanding the PWFA's unique requirements and treating it with the same seriousness as the ADA—with an added awareness of the temporary and sensitive nature of pregnancy—employers can build a compliant and supportive workplace. Remember that PWFA enforcement is active, and the goal is always to find a way to "yes."

Avoid These Costly PWFA Compliance Errors with Proper Training

Don’t wait for an EEOC complaint to find out your policies are outdated. The risks are too high, and the solutions are straightforward. Proactive training is the key to preventing common mistakes and protecting your organization.

Enroll your team in our PWFA Compliance Training & Certification Program. Our expert-led courses provide the practical tools, templates, and knowledge your HR and management teams need to handle pregnancy accommodation requests with confidence and full compliance.

Frequently Asked Questions

What are common employer mistakes under the PWFA?
Common mistakes include forcing employees onto leave instead of providing accommodations, requiring a "100% healed" medical release, failing to engage in the interactive process, requesting unnecessary medical documentation, and not training managers on their obligations.

Can employers require medical documentation under the PWFA?
Only when it is reasonable and necessary to understand the employee's limitations and need for accommodation. For obvious and simple requests, such as a stool for a visibly pregnant employee, requesting medical documentation is discouraged and can be a violation.

Is it legal to put a pregnant worker on leave under the PWFA?
It is illegal to force a pregnant worker to take leave if another reasonable accommodation would allow them to continue working. Leave should only be considered as a last resort after the interactive process has failed to identify a workable accommodation.

Does the PWFA apply to job applicants?
Yes. The PWFA protects both qualified employees and job applicants from discrimination and requires employers to provide reasonable accommodations during the hiring process.