Understanding the Difference Between the PWFA and the PDA

10/22/2025

The Pregnant Workers Fairness Act (PWFA) and the Pregnancy Discrimination Act (PDA) both protect pregnant employees, but they do so in very different ways. The PDA says employers can’t discriminate because of pregnancy, while the PWFA goes further, requiring employers to provide reasonable accommodations so pregnant and postpartum workers can stay healthy and employed. Think of it this way: the PDA says you can’t fire someone for being pregnant. The PWFA says you must help them keep working safely.

Understanding the difference between the PWFA and the Pregnancy Discrimination Act is essential for HR teams, managers, and business owners who want to stay compliant and support their workforce effectively. While both laws fall under the umbrella of federal workplace protections and are enforced by the Equal Employment Opportunity Commission (EEOC), they address two distinct aspects of pregnancy rights at work. One prevents negative actions, and the other requires positive support.

Why the Pregnancy Discrimination Act Was Needed

To appreciate the significance of both the PDA and the PWFA, it helps to look at the historical context of pregnancy discrimination at work. Before the Civil Rights Act of 1964, workplace discrimination against women was not only common but legally permissible. Many states had so-called “protective” laws that restricted the hours women could work and the types of jobs they could hold, often under the guise of safeguarding their health for motherhood.

The passage of Title VII of the Civil Rights Act was a monumental step forward, outlawing employment discrimination on the basis of sex. However, early interpretations of the law did not automatically extend these protections to pregnancy. Employers continued to enforce policies that penalized pregnant workers, such as mandatory unpaid leave or outright termination upon becoming pregnant.

This legal ambiguity came to a head in the 1976 Supreme Court case General Electric Co. v. Gilbert. In its ruling, the Court decided that GE’s policy of excluding pregnancy from its disability benefits plan was not sex discrimination. The reasoning was that since not all women become pregnant, the policy discriminated based on a "particular medical condition," not on sex itself. This decision left millions of pregnant workers without legal recourse against discriminatory pay and benefits policies.

Congress acted swiftly to correct this. In 1978, it passed the Pregnancy Discrimination Act as a direct amendment to Title VII. The PDA clarified that discrimination "because of sex" or "on the basis of sex" includes discrimination on the basis of pregnancy, childbirth, or related medical conditions. It was a landmark piece of legislation that established a clear anti-discrimination standard for pregnant workers across the country.

What the Pregnancy Discrimination Act (PDA) Actually Does

The PDA is fundamentally an anti-discrimination law. Its core principle is equal treatment. A summary of the Pregnancy Discrimination Act shows that it does not require employers to provide special benefits or accommodations for pregnant workers. Instead, it mandates that employers must treat workers affected by pregnancy the same as other employees who are "similar in their ability or inability to work."

Under the PDA, an employer cannot:

• Refuse to hire someone because she is pregnant.
• Fire an employee for becoming pregnant.
• Force a pregnant employee to take leave if she is still able to perform her job.
• Deny promotions or other opportunities based on pregnancy.
• Provide different health insurance benefits for pregnancy-related conditions than for other medical conditions.

The PDA rights for pregnant employees are centered on parity. If an employer offers light-duty assignments to employees who are injured on the job, it must also offer those assignments to pregnant employees who are similarly unable to perform their regular duties. If a company provides disability benefits or unpaid leave for temporarily disabled workers, it must do the same for workers who are temporarily disabled by pregnancy. The law ensures that pregnancy is not treated as a second-class medical condition. It is a cornerstone of pregnancy rights under Title VII.

Where the PDA Fell Short for Pregnant Workers

While the PDA was a critical step forward, it soon became clear that its "equal treatment" model had significant limitations. The law only required employers to provide accommodations if they already did so for a "comparator" group of non-pregnant employees with similar work limitations. This created a major hurdle for many pregnant workers.

The PDA vs. ADA comparison highlights a key gap. The Americans with Disabilities Act of 1990 requires employers to provide reasonable accommodations for qualified individuals with disabilities. However, a normal, healthy pregnancy is not considered a disability under the ADA. Only certain severe or prolonged pregnancy-related complications might qualify, leaving the vast majority of pregnant workers without a clear right to accommodations under that law.

This left many workers caught in a legal loophole. An employer could legally deny a simple accommodation—like allowing a pregnant cashier to sit on a stool or a warehouse worker to avoid heavy lifting—by arguing that it did not provide such modifications for any other group of employees. The worker would then have to find a "comparator" who received an accommodation, a burdensome and often impossible task. As a result, many were forced to choose between their paycheck and a healthy pregnancy. This unworkable legal framework is why the PWFA was created.

Why Congress Passed the Pregnant Workers Fairness Act (PWFA)

After decades of inconsistent court rulings and advocacy from workplace rights groups, Congress passed the Pregnant Workers Fairness Act (PWFA) to finally close the gaps left by the PDA and ADA. The PWFA history is one of recognizing that equal treatment is not enough; proactive support is also necessary. The purpose of the PWFA was to shift the legal model from anti-discrimination to affirmative accommodation.

The Congressional report on the PWFA (H.R. Rep. No. 117-27) explicitly noted that the previous laws had created an "unworkable legal framework" that frustrated the rights of pregnant workers. It acknowledged that the PDA's comparator standard was a "burdensome and often impossible standard to meet" and that the ADA left women with less serious—but still impactful—pregnancy limitations without legal recourse.

The report concluded that when workers lack access to accommodations, they are "often forced to choose between their financial security and a healthy pregnancy." Therefore, this new pregnancy accommodation law of 2023 was designed to promote both economic well-being and maternal health. The PWFA ensures that pregnant workers can get the reasonable accommodations they need to stay on the job without having to first prove that another employee received the same support.

What the PWFA Requires from Employers

The PWFA establishes an affirmative duty for employers to provide accommodations, using a framework similar to the ADA. This represents a fundamental shift from the PDA's equal-treatment model. The PWFA employer requirements are clear, direct, and focused on finding practical solutions. The law applies to public and private sector employers with 15 or more employees, and its protections extend to both employees and job applicants.

Under the PWFA, employers must:

1. Provide Reasonable Accommodations: Employers are required to provide reasonable accommodations for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause an “undue hardship” (significant difficulty or expense).
2. Engage in an Interactive Process: When an employee requests an accommodation, the employer must engage in a timely, good-faith discussion to identify an effective solution.
3. Prohibit Retaliation: Employers cannot fire, demote, or take other negative action against an employee for requesting or using a reasonable accommodation.
4. Not Force Leave: An employer cannot require an employee to take leave—paid or unpaid—if another reasonable accommodation can be provided that would allow the employee to keep working.
5. Maintain Confidentiality: Any medical information related to an accommodation request must be kept confidential.

PWFA compliance means being proactive. The focus is no longer on what the employer does for others, but on what the pregnant worker needs and what the employer can reasonably provide.

PWFA vs. PDA — The Key Differences at a Glance

This PWFA vs PDA comparison chart breaks down the fundamental differences between the two laws. Understanding these distinctions is crucial for proper compliance.

Topic	Pregnancy Discrimination Act (PDA)	Pregnant Workers Fairness Act (PWFA)
Law Type	Anti-discrimination (requires equal treatment)	Accommodation (requires proactive support)
Passed	1978	Enacted in 2022, effective in 2023
Core Focus	Prohibits bias and negative actions based on pregnancy.	Requires reasonable job modifications for pregnancy-related needs.
Who’s Covered	Employees.	Employees and job applicants.
Employer Obligation	Treat pregnant workers the same as others with similar abilities or inabilities to work.	Provide reasonable accommodations unless it causes undue hardship.
Examples	Cannot fire an employee for being pregnant; must offer the same disability benefits as for other conditions.	Must consider requests for more breaks, modified duties, seating, or a flexible schedule.

How the PWFA and PDA Work Together Under Title VII

The PWFA does not replace the PDA. Instead, the two laws work together to provide comprehensive protection for pregnant workers. Both the PDA Title VII amendment and the PWFA are enforced by the EEOC, and a single workplace situation could potentially violate both laws simultaneously.

The PDA continues to be the primary law prohibiting discrimination. It ensures that pregnancy is not a basis for adverse employment decisions. The PWFA complements this by adding a layer of proactive support, ensuring workers can get the help they need to continue performing their jobs.

For example, consider a manager who expresses frustration about an employee's pregnancy and her request for more frequent breaks. If the manager denies the request and then writes her up for poor performance related to her taking those breaks anyway, this could be a violation of both laws. The denial of the accommodation could violate the PWFA, while the disciplinary action, influenced by discriminatory animus, could violate the PDA.

Real Workplace Examples — PDA vs. PWFA in Action

Seeing pregnancy discrimination examples and pregnancy accommodation examples side-by-side clarifies the different roles of these two laws.

• Scenario 1: Firing an Employee (PDA Violation)
  A top-performing project manager announces she is pregnant. Two weeks later, her supervisor places her on a performance improvement plan for minor issues that were never previously raised. A month later, she is terminated. This is a classic example of a potential PDA violation, as the timing suggests the termination was motivated by her pregnancy, not her performance.
• Scenario 2: Denying a Reasonable Request (PWFA Violation)
  A pregnant retail employee who works at a cash register experiences severe back pain and asks for a stool to sit on during her shift. The store has a "no-sitting" policy for cashiers. The manager denies the request, stating it's against company rules. This is a likely PWFA violation. The employer has a duty to provide a reasonable accommodation (the stool) unless it can prove it would cause an undue hardship.
• Scenario 3: Forcing Unpaid Leave (PWFA Violation)
  A pregnant warehouse worker's doctor gives her a 20-pound lifting restriction. Her job occasionally requires lifting 30-pound boxes. Instead of reassigning the lifting tasks to another employee, her manager tells her she must go on unpaid leave until after she gives birth. This violates the PWFA's rule against forcing an employee to take leave when another reasonable accommodation is available.
• Scenario 4: Unequal Access to Light Duty (PDA and/or PWFA Violation)
  A company has a policy of offering light-duty assignments to employees injured on the job. When a pregnant employee requests a light-duty role due to pregnancy-related lifting restrictions, her request is denied. This could violate the PDA because she is not being treated the same as the "comparator" group (injured workers). It would also violate the PWFA, which requires an accommodation regardless of how other employees are treated.

How State Pregnancy Laws Interact with Federal Protections

The PWFA and PDA create a federal floor for employee rights, not a ceiling. Many states and cities have their own pregnancy accommodation laws that provide even greater protections. States like California, New York, Illinois, Colorado, and Washington have long had robust pregnancy rights laws.

Employers must comply with whichever law—federal, state, or local—provides the most protection to the employee. For example, if a state law covers employers with fewer than 15 employees, those smaller businesses must comply with the state law even if they are not covered by the PWFA. If a local ordinance requires paid leave for prenatal appointments, employers in that city must provide it. It is critical for HR teams to be aware of all applicable state and local pregnancy rights by state.

What This Means for Employers and HR Teams

The interplay between the PDA and PWFA requires employers to adopt a two-pronged compliance strategy: one focused on preventing discrimination and another on facilitating accommodation. A PWFA compliance checklist should be part of every HR team's toolkit.

Key actions for employers include:

• Update All Policies: Review and update your employee handbook, anti-discrimination policies, and accommodation procedures. Your HR pregnancy accommodation policy should clearly outline the interactive process and reflect the proactive requirements of the PWFA.
• Train Managers and Supervisors: This is the most important step. Managers are on the front lines and their actions can create employer liability. PWFA HR training should teach them to recognize accommodation requests (even informal ones), engage in the interactive process respectfully, and escalate issues to HR without making promises or denials.
• Standardize the Interactive Process: Create a clear, simple process for handling accommodation requests. Use standardized forms to document the request, the dialogue, and the outcome. This ensures consistency and provides a clear record.
• Reinforce Confidentiality: Remind all personnel involved in the accommodation process that medical information is confidential and must be stored securely and separately from the employee's main personnel file.

Key Takeaways: PDA and PWFA — Two Laws, One Goal

While the legal mechanisms are different, both laws work toward the same goal: ensuring pregnant workers can remain healthy, safe, and economically secure without facing penalties at work.

• PDA: Don’t discriminate. Treat pregnant workers the same as everyone else.
• PWFA: Actively accommodate. Provide the reasonable support they need to do their job.

Together, these two laws close long-standing gaps in federal protections. They create a legal framework that supports healthy pregnancies, fosters safer and more inclusive workplaces, and helps businesses retain valuable talent.

See How to Align Your Policies with Both the PDA and PWFA

Staying compliant with both the PDA and the PWFA requires more than just a policy update—it requires a cultural shift toward proactive support. Investing in professional education is the best way to ensure your team is prepared.

Stay compliant with both the PDA and PWFA. Enroll your HR team in our PWFA Compliance Training & Certification Program to build fair, legally sound workplace policies.

Frequently Asked Questions

What’s the main difference between the PWFA and the PDA?
The main difference is their function. The Pregnancy Discrimination Act (PDA) is an anti-discrimination law that requires employers to treat pregnant workers the same as non-pregnant workers with similar abilities or inabilities. The Pregnant Workers Fairness Act (PWFA) is an accommodation law that requires employers to provide reasonable job modifications for needs related to pregnancy and childbirth.

Does the PWFA replace the Pregnancy Discrimination Act?
No. The PWFA does not replace the PDA. The two laws work together. The PDA prohibits discrimination (like being fired or demoted for being pregnant), while the PWFA requires employers to take proactive steps to accommodate a pregnant worker's needs.

How do the PWFA and ADA overlap?
The PWFA, PDA, and Americans with Disabilities Act (ADA) can all apply at the same time. A normal pregnancy is not a disability under the ADA, but a serious pregnancy-related complication could be. The PWFA fills the gap by requiring accommodations for pregnancy-related limitations that do not rise to the level of an ADA disability. An employer must follow the law that provides the most protection to the employee.

Who enforces the PWFA and PDA?
Both the PWFA and the PDA are enforced by the U.S. Equal Employment Opportunity Commission (EEOC). An employee who believes their rights under either law have been violated can file a charge with the EEOC.

Does PWFA coverage include job applicants?
Yes. A significant feature of the PWFA is that its protections extend to both qualified employees and job applicants. An employer cannot refuse to hire a qualified applicant because she may need reasonable accommodation related to pregnancy.

Do small employers have to comply with the PWFA?
The federal PWFA applies to employers with 15 or more employees. However, many states have their own pregnancy accommodation laws that cover smaller employers. Businesses should always check their state and local laws, as they may have stricter requirements.