What Is the Pregnant Workers Fairness Act (PWFA)?

10/21/2025

The Pregnant Workers Fairness Act (PWFA) is a federal pregnancy accommodations law that took effect on June 27, 2023. It requires covered employers—those with 15 or more employees—to provide reasonable accommodations for known limitations related to an employee's or applicant's pregnancy, childbirth, or related medical conditions, unless doing so would cause an undue hardship. This law marks a significant shift in workplace protections, creating a clear, affirmative duty for employers to support the health and continued employment of pregnant and postpartum workers. At its core, the PWFA ensures that no worker has to choose between their job and a healthy pregnancy.

Why the PWFA Was Created

For years, a critical gap existed in federal employment law. The Pregnancy Discrimination Act of 1978 (PDA) made it illegal for employers to fire or discriminate against workers on the basis of pregnancy, childbirth, or related medical conditions. However, it did not explicitly require employers to provide accommodations. Meanwhile, the Americans with Disabilities Act (ADA) requires accommodations for disabilities, but pregnancy itself is not considered a disability under the law. Only certain pregnancy-related complications, like gestational diabetes or preeclampsia, might qualify, leaving many workers with more common pregnancy limitations unprotected.

This gap often left pregnant employees in a difficult position. A worker experiencing severe morning sickness, needing more frequent breaks, or facing lifting restrictions for a healthy pregnancy might have been denied these simple adjustments. Without a clear legal right to these temporary changes, some were forced onto unpaid leave, had their hours cut, or even lost their jobs. The purpose of the PWFA was to close this loophole.

The law was passed to provide a direct and unambiguous legal framework specifically for pregnancy-related accommodations. The intent is to keep pregnant workers healthy and on the job by requiring employers to make the same kinds of reasonable adjustments for them that they already do for employees with disabilities. This pregnant workers rights law ensures that temporary, non-disabling limitations related to a normal pregnancy receive the same consideration as other medical needs in the workplace.

When Did the PWFA Take Effect and Who Must Comply?

The PWFA effective date was June 27, 2023. As of this date, employers must be in full compliance with its requirements. The law’s reach is broad, aligning with the coverage thresholds of other major federal anti-discrimination laws like Title VII of the Civil Rights Act and the ADA.

So, who must comply with the PWFA? The law applies to private and public sector employers with 15 or more employees. This includes state and local governments. It also covers Congress, federal agencies, employment agencies, and labor organizations. Essentially, if an organization is covered by Title VII, it is also covered by the PWFA.

A critical point for employers to understand is that the law’s protections are not limited to current employees. The statute explicitly protects both qualified employees and job applicants. This means employers covered under the PWFA must consider accommodation requests from candidates during the hiring process and cannot make hiring decisions based on an applicant’s need for pregnancy-related accommodation.

Who Is Protected Under the PWFA?

The PWFA employee coverage is intentionally broad to protect a wide range of individuals affected by pregnancy and childbirth. The law protects “qualified” employees and applicants, but it expands the traditional definition of this term in a way that is significantly different from the ADA.

Under the ADA, a “qualified individual” is someone who can perform the essential functions of their job with or without reasonable accommodation. The PWFA adopts this definition but adds a second, crucial pathway to qualification. Under the PWFA, an employee or applicant is also considered “qualified” even if they are temporarily unable to perform an essential job function, as long as they could perform that function “in the near future” and their inability to perform it can be reasonably accommodated by the employer.

This is a game-changer. For example, a warehouse worker who is temporarily unable to meet a 50-pound lifting requirement due to pregnancy can remain “qualified” under the PWFA if this essential function can be temporarily suspended or modified as an accommodation. The Equal Employment Opportunity Commission (EEOC) regulations define “in the near future” as generally up to 40 weeks, providing a generous timeframe that aligns with a typical full-term pregnancy and postpartum recovery period.

This expanded definition means protection extends to:

• Current employees with known limitations related to pregnancy.
• Job applicants (PWFA applicants) who may need accommodation during the application process or upon starting a new job.
• Postpartum workers recovering from childbirth, including those experiencing postpartum depression or needing accommodations for lactation.

By including this temporary inability standard, the PWFA ensures that workers are not pushed out of their jobs simply because they need a short-term modification to an essential duty.

What Conditions Are Covered by the PWFA?

The PWFA covers “known limitations” related to pregnancy, childbirth, or related medical conditions. A “known limitation” is simply a physical or mental condition that the employee or their representative has communicated to the employer. The limitation does not need to rise to the level of a “disability” as defined by the ADA.

This broad scope covers a wide array of PWFA covered conditions, from common pregnancy discomforts to more serious medical issues. Importantly, the law addresses both physical and mental health conditions that can arise during or after pregnancy.

Examples of pregnancy accommodations for covered conditions include, but are not limited to:

• Common pregnancy symptoms: Morning sickness, fatigue, back pain, and sciatica.
• More serious complications: Gestational diabetes, hypertension (high blood pressure), preeclampsia, and anemia.
• Childbirth recovery: Healing from a C-section or other delivery-related procedures.
• Lactation and pumping: The need for breaks and a private space to express breast milk.
• Reproductive health: Issues related to fertility treatments, miscarriage, or the decision to have or not have an abortion.
• Mental health: Postpartum depression, anxiety, or psychosis.

The key is communication. Once an employee informs their employer of a limitation—even in plain language—the employer’s obligation to consider an accommodation is triggered.

What Are Reasonable Accommodations Under the PWFA?

A “reasonable accommodation” under the PWFA is a change to the work environment or the way things are usually done that allows an employee to continue working safely and healthily during pregnancy and postpartum recovery. The process is meant to be collaborative and flexible, centered around finding a workable solution. The accommodation does not need to be the most expensive or elaborate option, only an effective one.

Employers must provide a reasonable accommodation pregnancy unless it would pose an “undue hardship,” which means significant difficulty or expense for the business. Given that many pregnancy-related accommodations are low-cost or no-cost, the undue hardship defense can be difficult to prove.

Common examples of pregnancy accommodations under the PWFA include:

• Modified work schedules: Allowing for more frequent breaks, shorter workdays, or flexible start and end times to manage fatigue or morning sickness.
• Changes to the work environment: Providing a chair for a job that usually requires standing, allowing easier access to water, or moving a workspace closer to a restroom.
• Modified job duties: Temporarily assigning lighter tasks, such as excusing a worker from heavy lifting, exposure to certain chemicals, or strenuous activity.
• Telework or remote work: Allowing an employee to work from home if their job duties permit.
• Leave for appointments: Providing unpaid leave or schedule flexibility for prenatal or postnatal medical appointments.
• Appropriate uniforms and safety gear: Supplying uniforms that fit properly during pregnancy.

These accommodations are often temporary and should be determined through the interactive process between the employer and the employee.

Employer PWFA Compliance Requirements

To comply with the PWFA, employers need to understand and implement several core obligations. These PWFA compliance requirements are not merely suggestions; they are legal mandates enforced by the EEOC. Failure to adhere to them can result in significant liability.

The primary employer obligations include:

1. Provide Reasonable Accommodations: Employers must provide accommodations for known limitations unless it would cause an undue hardship.
2. Engage in the Interactive Process: Employers must have a timely, good-faith conversation with the employee to identify an effective accommodation.
3. Prohibit Retaliation: It is illegal to penalize an employee for requesting or using an accommodation. This includes firing, demoting, or reducing hours.
4. Do Not Force Accommodations or Leave: An employer cannot require an employee to accept an accommodation they did not request, nor can they force an employee to take leave (paid or unpaid) if another reasonable accommodation is available.
5. Maintain Confidentiality: Any medical information shared by an employee must be kept confidential and stored separately from their personnel file, consistent with ADA requirements.

Perhaps the most critical aspect of how to comply with the PWFA involves training. Supervisors and managers are often the first point of contact when an employee has a pregnancy-related need. Their actions—or inactions—can create liability for the entire organization. Effective HR PWFA training is essential to ensure that managers know how to recognize an accommodation request, respond appropriately, and escalate the matter to HR without making unlawful inquiries or promises.

How the PWFA Differs From the ADA and PDA

Understanding the PWFA vs ADA and the PWFA vs Pregnancy Discrimination Act is crucial for proper compliance. While these laws intersect, the PWFA establishes unique protections.

PWFA vs. Pregnancy Discrimination Act (PDA):

• The PDA is an anti-discrimination law. It forbids adverse employment actions (like firing or refusing to hire) because of pregnancy.
• The PWFA is an affirmative accommodation law. It goes beyond non-discrimination and creates a positive duty for employers to provide accommodations. While the PDA might require an employer to provide light duty if it does so for other temporarily disabled workers, the PWFA requires it even if the employer has no such policy for others.

PWFA vs. Americans with Disabilities Act (ADA):

• Scope of Coverage: The ADA covers physical or mental impairments that substantially limit a major life activity. A normal, healthy pregnancy is not an ADA-defined disability. The PWFA covers temporary limitations related to a healthy pregnancy that do not need to meet the ADA’s high threshold.
• “Qualified” Definition: The biggest difference between PWFA and ADA is the definition of a qualified employee. The PWFA protects employees who are temporarily unable to perform an essential function, whereas the ADA generally does not.
• Interactive Process: While both laws require an interactive process, the PWFA encourages a faster, more streamlined dialogue, as many pregnancy accommodations are straightforward and predictable.

The PWFA essentially bridges the gap, ensuring that pregnancy-related needs are accommodated proactively, not just when they happen to qualify as a disability or when a failure to do so would constitute unequal treatment.

Understanding the PWFA Interactive Process

The PWFA interactive process is an informal, collaborative dialogue between the employer and the employee to find a suitable reasonable accommodation. It is meant to be a simple, quick, and flexible conversation, not a burdensome legal procedure. For many common requests, like more frequent bathroom breaks or a water bottle at a workstation, the process might be a single, brief conversation.

Key elements of the process include:

• Prompt Response: Employers should respond quickly to accommodation requests. Unnecessary delays can be considered a violation.
• Good-Faith Dialogue: Both parties should engage openly to identify the employee's limitations and potential solutions.
• Limited Medical Documentation: An employer can only request medical documentation when it is reasonable and necessary to confirm the limitation and need for an accommodation. Employers cannot ask for documentation if the pregnancy and the need for accommodation are obvious (e.g., a visibly pregnant employee requesting more frequent bathroom breaks).
• Interim Accommodations: If the process is delayed (for instance, while waiting for a doctor’s note), the employer should consider providing a temporary or interim accommodation to allow the employee to continue working safely.

Learning how to handle pregnancy accommodation requests effectively is a cornerstone of PWFA compliance. The focus should always be on finding a solution, not on creating hurdles.

Who Can Request a Pregnancy Accommodation Under the PWFA?

The PWFA makes it easy for workers to initiate the accommodation process. A request does not need to be in writing or use any magic words like “reasonable accommodation” or “PWFA.” Any communication in plain language that indicates a need for a change at work due to a medical condition related to pregnancy is sufficient to trigger the employer’s obligations.

Furthermore, the law recognizes that someone other than the employee may make the request on their behalf. This is a practical acknowledgment that a worker might be incapacitated or otherwise need help communicating their needs.

A PWFA accommodation request can come from:

• The employee or applicant themselves.
• A family member, such as a spouse or parent.
• A friend or roommate.
• A healthcare provider.
• A union representative or other advocate.

For example, if an employee’s spouse calls the manager to explain that their partner is on bed rest per doctor's orders and needs to work from home, that conversation initiates the PWFA accommodation request process. Employers and managers must be trained to recognize these third-party communications as official requests requiring a timely response.

Penalties and Employer Liability Under the PWFA

Non-compliance with the PWFA can lead to significant legal and financial consequences. The EEOC is responsible for PWFA enforcement, and the process and remedies are modeled after Title VII and the ADA. An employee who believes their rights have been violated can file a charge with the EEOC, which may investigate the claim.

PWFA violations can take many forms, including:

• Denying a reasonable accommodation without proving undue hardship.
• Unnecessarily delaying the interactive process.
• Retaliating against an employee for making a request.
• Forcing an employee to take leave when another accommodation is available.
• Denying an employment opportunity to a qualified applicant because they need an accommodation.
• Mishandling confidential medical information.

If a violation is found, potential PWFA employer penalties can include back pay, compensatory damages (for emotional distress), punitive damages, and attorney’s fees. Most importantly, mishandling a request can damage employee morale, hurt the company’s reputation, and lead to the loss of a valuable employee. The best way to avoid these penalties is through proactive compliance and robust training.

Key Takeaways for HR and Employers

Navigating the PWFA requires a proactive and informed approach. To ensure compliance and foster a supportive workplace, HR professionals and employers should focus on several key action items. Creating a PWFA employer checklist can help streamline this process.

• Update Policies and Handbooks: Review and revise your accommodation policies to explicitly include pregnancy, childbirth, and related medical conditions. Ensure your HR pregnancy accommodation policy reflects the PWFA’s broader definitions and interactive process requirements.
• Train Managers and Supervisors: This is non-negotiable. Managers must be trained on the basics of the PWFA, how to recognize an accommodation request (even informal ones), and their duty to escalate it to HR immediately without making judgments or unlawful inquiries.
• Embrace the Interactive Process: Treat the interactive process as a collaborative problem-solving conversation, not an adversarial one. Focus on speed, flexibility, and finding a "yes" whenever possible.
• Document Everything, but Don’t Over-Burden: Keep clear records of accommodation requests, the interactive process, and the final resolution. However, avoid asking for unnecessary medical documentation that could be seen as a deterrent.
• Protect Confidentiality: Reinforce protocols for handling and storing medical information securely and separately from general personnel files.

Staying compliant is an ongoing effort. As regulations evolve and new court decisions emerge, having a solid foundation of knowledge is crucial. A formal PWFA Training & Certification Program provides consistent, standardized education from a trusted source, with the added benefit of receiving free updates when laws change and earning recognition for your expertise.

Learn How to Train Your HR Team on PWFA Compliance

The most effective way to mitigate risk and build a truly supportive workplace is through education. Investing in professional training ensures your entire team understands their legal obligations and is equipped to handle sensitive situations with confidence and compassion.

Get your HR team certified in PWFA compliance and ensure your policies protect both employees and your organization. A comprehensive PWFA certification program provides the tools, knowledge, and ongoing support needed to navigate this important new law correctly.

Frequently Asked Questions

What is the PWFA law in simple terms?

The PWFA is a federal law that requires employers to provide temporary and reasonable job modifications (accommodations) to workers with known limitations related to pregnancy, childbirth, or related medical conditions. Its goal is to allow employees to continue working safely without risking their health or their job.

Does the PWFA apply to small businesses?

The PWFA applies to private and public sector employers with 15 or more employees. Businesses with fewer than 15 employees are not covered by the federal PWFA, but they may be covered by similar state or local laws that have lower employee thresholds.

What are examples of pregnancy accommodations?

Common examples include providing a chair instead of requiring standing, allowing more frequent breaks, modifying work schedules, temporarily changing job duties to avoid heavy lifting, and allowing telework. Accommodations are determined on a case-by-case basis through a discussion between the employee and employer.

Can an employer require medical proof under the PWFA?

An employer can only request medical documentation if it is reasonable to do so under the circumstances. They cannot ask for proof if the pregnancy and the need for accommodation are obvious. The PWFA encourages employers to grant simple, low-cost requests without demanding a doctor's note to avoid unnecessary delays.

How does PWFA interact with FMLA and ADA?

The PWFA, FMLA, and ADA can all apply at the same time, and an employer must comply with the law that provides the greatest protection to the employee. For example, an employee with a serious pregnancy-related complication might be eligible for job-protected leave under the FMLA, accommodations under the ADA (if it qualifies as a disability), and accommodations under the PWFA. The PWFA often fills the gaps, providing accommodation rights when an employee is not yet eligible for FMLA or their condition does not qualify as an ADA disability.