The Pregnant Workers Fairness Act — requires reasonable accommodations for pregnancy, childbirth, and related medical conditions.
The Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, requires private employers with 15 or more employees, public agencies, and Congress to provide reasonable accommodations to a qualified employee or applicant with known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause undue hardship.
Unlike the ADA (which requires a 'disability'), the PWFA covers any limitation related to pregnancy or childbirth — including conditions like nausea, fatigue, gestational diabetes, postpartum recovery, lactation, and infertility treatments. Common accommodations include extra restroom breaks, water bottles at workstations, modified schedules, light-duty assignments, time off for medical appointments, and lactation breaks beyond the federal break-time minimum.
The PWFA does not displace the FMLA, ADA, or state pregnancy laws — it is layered on top, often providing broader coverage. Employers should update their accommodation policies, train managers, and document the interactive process for every PWFA request. The EEOC enforces the PWFA, and penalties mirror Title VII (back pay, compensatory damages, punitive damages, attorneys' fees).
Under the PWFA, we provided a closer parking spot and modified break schedule for our pregnant warehouse employee.
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