The Pregnant Workers Fairness Act is a new US federal law that makes reasonable accommodations more accessible to pregnant and postpartum workers. This important law changes the landscape for supporting pregnant workers in the workplace.
The PWFA took effect on June 27th, 2023. The act requires that any public or private sector employers with 15 or more employees provide reasonable workplace accommodations to workers with known limitations related to pregnancy, childbirth, or related medical conditions.
The PWFA is intended to fill the gaps between Title VII (as amended by PDA), the ADA and the FMLA. It assists in assuring that pregnant people are treated equally in the workplace when they may need accommodations due to their pregnancy or related condition.
On April 19, 2024, the EEOC published its final rule implementing the PWFA, with a compliance deadline of June 18, 2024. Since then, enforcement has been active and employers have seen a steady rise in PWFA-related charges and litigation. Employers are also making costly mistakes, such as an Ohio firm that was ordered to pay $22.5 million to employee who lost their baby after being denied a remote work accommodation during a high-risk pregnancy.
AbsenceSoft’s in-house compliance team continues to track all guidance, rulemakings, and legal developments related to the PWFA to keep our platform ready for what’s next.
Who is eligible for protection under PWFA?
Any employee or applicant who works for a covered employer is protected under PWFA. Covered employers include private and public sector employers with at least 15 employees, congress, federal agencies, employment agencies, and labor organizations.
In addition, and unlike the Family and Medical Leave Act (FMLA) (Family and Medical Leave Act), there is no waiting period for eligibility or hours worked requirement. The Pregnant Workers Fairness Act (PWFA) protects both employees and potential employees of covered employers who have known limitations related to pregnancy, childbirth, or related medical conditions during all stages of employment.
The new regulations expanded the definition of “qualified” individual, which may allow an employee to meet the definition regardless of their “temporary” inability to perform an essential job function. These regulations clarify the definition of “temporary” to be an estimate of 40 weeks (please note each employees needs may differ).
EEOC’s final rule made some important clarifications regarding the type of limitations and medical conditions the PWFA requires employers to accommodate. As the legal community has observed, the agency took a broad view of these definitions. Employees can seek reasonable accommodations for limitations and pregnancy, childbirth, or related medical conditions that include, without limitation, the following examples:
- Current, past, and potential pregnancy
- Lactation (including breastfeeding and pumping)
- Use of contraception
- Menstruation
- Infertility and fertility treatments, endometriosis
- Existing conditions exacerbated by pregnancy
- Miscarriage and stillbirth
- Abortions that are medically necessary or related to treatment of a pregnancy-related condition (note: as of May 21, 2025, a federal court issued a ruling that vacated the EEOC’s requirement to accommodate elective abortions under the PWFA; employers should consult legal counsel regarding their obligations)
What new protections does the PWFA grant employees?
The PWFA prohibits employers from discriminating or retaliating against employees and job applicants based on their need for reasonable accommodation. While the earlier act, the Pregnancy Discrimination Act (PDA), does protect pregnant employees from discrimination, it did not impose accommodation requirements that can assist them in performing their job duties.
Ultimately, the PWFA places more responsibility on employers to provide reasonable accommodations to employees with pregnancy-related conditions.
The rule provided several examples of reasonable accommodations under the PWFA, which included breaks, access to water, seating, parking adjustments, light duty, time off for appointments, temporary reassignment, telework, and more.
EEOC guidance also specifically noted some accommodations that should not impose an undue hardship, and should be granted in virtually all situations. These “predictable assessments” include:
- Allowing an employee to carry or keep water and drink in or nearby the employee’s work area
- Allowing an employee to take additional restroom breaks
- Allowing an employee whose work requires standing to sit, and vice versa
- Allowing an employee to take breaks to eat and drink.
Employers should work with employees and providers to determine which accommodation can be implemented, unless it causes an undue hardship.
According to EEOC’s final rule, employers have to meet the same standard as the ADA to prove an accommodation imposes an undue hardship. This ensures that pregnant employees receive the same level of protection and support as other employees who have temporary medical conditions.
What Recent Litigation Suggests About PWFA Enforcement
Since the EEOC began accepting charges under the PWFA on June 27, 2023, enforcement activity has moved quickly. In 2024, the EEOC filed its first PWFA lawsuits, signaling that the agency is not treating this law as aspirational. Early cases have centered on employers who denied accommodations outright, failed to engage in the interactive process, or forced employees onto leave when other options were available.
A few patterns are emerging that HR teams should be aware of:
- Forcing leave instead of exploring alternatives has been a central issue in multiple early complaints. The PWFA is explicit that leave is a last resort, not a default response.
- Delays in the interactive process are being scrutinized. The EEOC has consistently emphasized that the process should move quickly, given the time-sensitive nature of pregnancy.
- Retaliation claims are appearing alongside accommodation denials. Adverse employment actions taken close in time to a PWFA request carry significant legal risk.
For teams still relying on manual processes or ad hoc manager judgment, this enforcement landscape adds urgency to getting a consistent, documented interactive process in place.
What makes the PWFA different from the ADA?
It is important to note that pregnancy itself does not meet the definition of a “disability” under the ADA, because it usually is a short-term condition. Only some pregnancy-related conditions will meet the definition of a disability. Under the PWFA, pregnant and postpartum employees who were not covered under the ADA or Title VII can now ask their employers to provide them with workplace accommodations under the PWFA.
Conditions may begin prior to conception (including preparation for pregnancy and childbirth) and could continue into postpartum recovery (such as postpartum depression or anxiety).
Other similarities and differences include:
Similarities
- The employer must engage in the interactive process with the employee.
- Employees are also responsible for engaging in the interactive process.
- Covered employers must provide reasonable accommodations.
- The accommodation cannot cause the employer undue hardship.
Distinctions
- The PWFA covers temporary, minor, and episodic physical and mental conditions.
- There is no requirement that conditions rise to a specific severity threshold.
- The PWFA does not require an employee to take paid or unpaid leave if another accommodation is available.
- The EEOC expects the interactive process to be speedy, due to the temporary nature of pregnancy and related conditions.
- Employees or applicants can be qualified for a role even if they cannot perform one or more essential functions of the job, but could in the near future or with accommodation.
Key difference: The PWFA deems an individual impaired by pregnancy, childbirth, or related medical conditions qualified and entitled to reasonable accommodation without the scrutiny the ADA typically places on an employee’s ability to perform job functions.
What does this all mean for employers?
If the requested workplace accommodation for a pregnant worker does not impose an undue hardship on the organization, employers now are legally required to provide them under the PWFA. Employers, employees, and, in limited circumstances, treating physicians will still be required to engage in the interactive process to find a reasonable accommodation for the employee.
In its final ruling, EEOC emphasized that the interactive process for PWFA accommodations should be quick. The agency noted that “most requests for accommodations…can be provided quickly and typically will consist of nothing more than brief conversations or email exchanges.”
Below are some examples of a request for an accommodation:
- “I’m having trouble getting to work at my scheduled starting time because of morning sickness.”
- “I need more bathroom breaks because of my pregnancy.”
- “I need time off from work to attend a medical appointment because of my pregnancy.”
In addition, employers cannot require qualified employees “to take paid or unpaid leave if another reasonable accommodation can be provided.” For example, if an employee requires a part-time schedule change or shift change, an employer will be required to consider this during the interactive process. In effect, employers may only require an employee to take leave as a last resort if there are no other reasonable accommodations that can be provided.
This means that employers need to go through the interactive process, and quickly, with each pregnant employee to find them a reasonable accommodation. No one-size-fits-all pregnancy accommodation or leave policies will be sufficient to meet these needs as limitations will differ per employee. To learn more about interactive process best practices, check out our resource article: How to Improve Your Interactive Process with Technology.
Employers will to be careful about asking for documentation. According to the EEOC, documentation is not generally required when:
- The limitation and need for a reasonable accommodation is obvious
- When the employer already has sufficient information to support a known limitation related to pregnancy
- When the request is for one of four identified reasonable accommodations (additional restroom breaks, food and drink breaks, having beverages readily available, and sitting or standing as needed)
- When the request is for a lactation accommodation
How can your HR team ensure they are compliant with PWFA?
With PWFA enforcement underway and litigation increasing, compliance is not something to revisit annually. It requires consistent processes, trained staff, and reliable documentation every time a request comes in.
Review your policies with fresh eyes
If your policies were updated at the original June 2024 deadline, it is worth reviewing them again. The EEOC’s final rule took a broad view of covered conditions, and early enforcement activity suggests that overly narrow internal definitions are a liability. Pay particular attention to how your policies handle the temporary inability to perform essential job functions, whether leave is positioned as a first or last resort, and whether pregnant employees receive parity with other temporarily impaired workers.
Have legal counsel review any updates before they go into effect.
Train everyone who might receive a request
The EEOC noted in its final rule that employees should be able to raise a PWFA request with the person they normally go to with work-related matters. That means managers are on the front line, whether they are prepared or not.
Training should cover what conditions are covered, how to respond when an employee raises a limitation, what not to say or do, and when to involve HR. Retraining annually or when your policies change is a reasonable baseline.
Build a process that is fast, consistent, and documented
The EEOC expects the PWFA interactive process to move quickly. That is difficult to achieve when requests are tracked manually, communications are scattered across email threads, or different HR staff members handle requests differently.
Accommodation management software like AbsenceSoft helps teams open cases immediately, automate communications, document each step of the interactive process, and store medical records securely. When every request follows the same compliant workflow, it is far easier to demonstrate that your organization is meeting its obligations, and far less likely that something falls through the cracks.
By keeping communications in one place, a centralized system can serve as your source of truth for all accommodation requests and employee interactions. Having a standardized, automated process helps to make sure all ADA and PWFA outcomes are as fair and consistent as possible and easily reportable. If you would like to learn more about how AbsenceSoft can help you stay compliant with the PWFA, our ADA experts would be happy to help.
Managing ADA and PWFA accommodations is getting more complex. Our free, expertly-curated ADA and PWFA toolkit gives HR teams three practical resources to close compliance gaps, handle tricky requests, and build more consistent processes.
FAQ about the PWFA
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Yes. The FMLA and the PWFA can run at the same time and address different needs. FMLA provides job-protected leave for qualifying employees affected by pregnancy or childbirth. The PWFA focuses on reasonable accommodations that may allow the employee to keep working. An employee who does not yet meet FMLA eligibility requirements may still be entitled to accommodations under the PWFA. Both laws should be considered together when a request comes in. Software like AbsenceSoft that manages both leave and accommodations can provide a way to have a comprehensive view of pregnant employees and employees with pregnancy-related conditions, and ensure you stay compliant with all applicable laws.
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Yes. Coverage can begin before conception, covering conditions related to preparation for pregnancy, and extends through postpartum recovery. Conditions such as postpartum depression, postpartum anxiety, and lactation are included.
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The PWFA does not specify a maximum length of coverage. Protection applies for as long as an employee has a known limitation related to pregnancy, childbirth, or a related medical condition. The interactive process is used to determine what accommodation is appropriate and for how long. Each employee’s situation is different, and the process should be tailored accordingly.
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The EEOC provided a non-exhaustive list in its final rule. Examples include additional breaks, a stool or chair, parking adjustments, schedule changes, shift changes, remote work or telework, light duty, temporary reassignment, temporary suspension of specific duties, uniform modifications, and time off for medical appointments. The right accommodation depends on the employee’s specific limitation and the operational needs of the organization.
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The EEOC has been clear that delays, denials without proper engagement, and forcing employees onto leave when alternatives exist are all grounds for a PWFA charge. Early litigation has also shown that retaliation claims frequently accompany accommodation disputes. Fines, back pay, compensatory damages, and legal fees are all possible outcomes. Having a documented, consistent interactive process is your best protection. AbsenceSoft’s accommodations management platform guides HR through each step of the interactive process, maintains a full audit trail, and automates follow-up so nothing gets missed. If your organization ever faces a complaint or audit, that documentation is what demonstrates compliance.
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AbsenceSoft’s accommodations management platform includes built-in support for the PWFA interactive process, from intake through resolution. The system helps HR teams open cases quickly, send compliant communications, track medical documentation securely, and document every step in a centralized case file. AbsenceSoft’s in-house compliance team monitors legal developments and regulatory guidance so the platform reflects current requirements. For organizations managing large or distributed workforces, having a consistent, auditable process for every PWFA request is one of the most practical ways to reduce compliance risk.