Pregnant Workers Fairness Act (PWFA)
Definition
A federal law requiring covered employers to provide reasonable accommodations to workers with known limitations related to pregnancy, childbirth, or related medical conditions.
What is the PWFA?
The Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023, requires employers with 15 or more employees to provide reasonable accommodations to qualified employees and applicants who have known physical or mental limitations related to pregnancy, childbirth, or related medical conditions unless doing so would cause an undue hardship. Unlike earlier pregnancy-related protections, the PWFA specifically focuses on the accommodation process and does not require an employee to be unable to perform their essential job functions in order to qualify for accommodation.
Employees do not need to meet the Americans with Disabilities Act of 1990 definition of disability to qualify for accommodations under the law.
Why is the PWFA Important for Employers?
- Expands accommodation obligations beyond what the ADA and Title VII previously required for pregnant and postpartum workers
- Requires employers to engage in a good-faith interactive process when an accommodation is requested
- Covers a wide range of pregnancy-related limitations, including postpartum recovery and lactation needs
- Prohibits employers from requiring an employee to take leave if another reasonable accommodation would allow them to continue working
FAQs
How does the PWFA differ from the ADA?
The PWFA specifically covers limitations related to pregnancy, childbirth, and related conditions, and does not require the employee to meet the ADA’s definition of disability. It also explicitly mandates an interactive accommodation process for pregnant and postpartum workers.
What types of accommodations might be required under the PWFA?
Examples include additional rest or bathroom breaks, temporary job restructuring, flexible or modified work schedules, remote work options, closer parking, and access to a private space for lactation.
What should employers do if no accommodation appears feasible?
Employers must engage in a good-faith interactive process. If a reasonable accommodation genuinely cannot be provided without undue hardship, the employer should thoroughly document the process and outcome.
How ExtensisHR Can Help
We assist employers by:
- Developing or updating pregnancy accommodation policies and interactive process procedures
- Guiding HR and management teams through PWFA accommodation requests
- Training managers and HR professionals on their obligations under the PWFA
- Reviewing employee handbook language to reflect current legal requirements