Pregnant Workers Fairness Act (PWFA)

What the PWFA requires

Before the PWFA, pregnant workers had two main federal protections, and neither guaranteed accommodation. The Pregnancy Discrimination Act of 1978 amended Title VII to ban treating pregnant workers worse than others, but it only required accommodations if the employer gave them to other workers similar in their ability to work, as the Supreme Court explained in Young v. UPS (2015). The ADA required accommodations only where a condition rose to the level of a disability, and most pregnancies don't.

The PWFA closes that gap. Covered employers must:

• Provide reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions, unless that causes undue hardship.
• Not require an employee to accept an accommodation that wasn't arrived at through an interactive process.
• Not require an employee to take leave, paid or unpaid, if another reasonable accommodation would let them keep working.
• Not deny opportunities or take adverse action because someone needs an accommodation.
• Not retaliate against anyone who requests an accommodation or reports a violation.

A notable difference from the ADA: a worker can be "qualified" under the PWFA even if they temporarily can't perform an essential function, as long as the inability is temporary, they could perform it in the near future, and the function can reasonably be set aside or accommodated.

Examples of accommodations

The EEOC's final regulations, effective June 18, 2024, give many examples. Common ones in hourly and frontline jobs:

• Extra restroom breaks, water at the workstation, and breaks to eat or drink
• A stool or chair for a cashier or line worker who normally stands
• Temporary relief from heavy lifting or from climbing ladders in a warehouse
• Schedule changes for morning sickness or prenatal appointments
• Remote work or a quieter station for a contact-center agent
• Leave for recovery from childbirth, in addition to anything under the FMLA

The EEOC has identified four modifications that will almost always be reasonable without undue hardship: carrying or keeping water nearby, extra restroom breaks, sitting or standing as needed, and breaks to eat and drink. Employers generally shouldn't demand medical documentation for these.

Parts of the EEOC rule, particularly those on abortion, have been challenged in court, and a federal court vacated portions in 2025. The statute's core accommodation duty is unaffected, but check current guidance before setting policy.

How the PWFA relates to the PUMP Act and leave laws

Lactation is covered by two laws. The PWFA covers lactation as a related medical condition, so a nursing employee can ask for accommodations such as schedule changes. Separately, the PUMP for Nursing Mothers Act, signed in December 2022, expanded the FLSA's break-time rule: most employees, including many exempt employees, are entitled to reasonable break time and a private space that is not a bathroom to express breast milk for one year after the child's birth.

Leave is a separate track. The FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave for a serious health condition or bonding. State paid family leave programs may replace some wages. Parental leave policies sit on top. The PWFA can require leave as an accommodation even when an employee isn't FMLA-eligible, for example because they've worked fewer than 12 months.

What it means for recruiting and onboarding

The PWFA applies to applicants, so it reaches hiring. A pregnant candidate who needs to sit during a standing job simulation, or to reschedule an assessment around a medical appointment, is asking for an accommodation. Don't ask candidates whether they are pregnant, and don't let pregnancy influence start dates or class assignments. If a training class starts four weeks before a candidate's due date, the decision about whether she can start belongs to her, with accommodations discussed if she asks.

In high-volume operations, train front-line supervisors. Most requests come to a shift lead, not to HR, and a supervisor who says "we can't do that on the floor" can create liability on the spot. Give them a simple rule: say yes to the four common modifications immediately, and route anything else to HR the same day.

Common mistakes

• Forcing leave when a lighter-duty change would let the employee keep working.
• Requiring a doctor's note for water, restroom or seating requests.
• Waiting for magic words. An employee doesn't need to mention the PWFA or use the word "accommodation."
• Slow responses. An unnecessary delay can itself violate the law.
• Assuming a temporary inability to lift means the worker isn't qualified. The PWFA's temporary-suspension rule often says otherwise.

This is general information about US federal law. Many states and cities have their own pregnancy accommodation laws that cover smaller employers or require more, so check local rules.