The Pregnant Workers Fairness Act Takes Effect, Requiring Reasonable Accommodations Nationwide

What Changed

The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. This federal law requires covered employers to provide reasonable accommodations to employees and applicants with known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions — unless the accommodation would cause the employer an undue hardship.

The PWFA fills a critical gap in existing law. While the ADA and the Pregnancy Discrimination Act provided some protections, neither explicitly required employers to accommodate pregnancy-related limitations in the same way the ADA requires accommodations for disabilities. The PWFA now provides a clear, standalone right to pregnancy-related accommodations.

Examples of reasonable accommodations under the PWFA include:

• The ability to sit or drink water during work

• Closer parking

• Flexible hours or scheduling

• Appropriately sized uniforms and safety apparel

• Additional break time to use the restroom or eat

• Leave or time off to recover from childbirth

• Temporary reassignment from strenuous activities or exposure to hazardous substances

Who Is Affected

• Covered employers: Private employers and public-sector employers (state and local governments) with 15 or more employees, Congress, federal agencies, employment agencies, and labor organizations

• Protected individuals: Employees and applicants with known limitations related to pregnancy, childbirth, or related medical conditions

• The law explicitly prohibits requiring an employee to take leave if another reasonable accommodation can be provided

• Employers cannot retaliate against employees who request or use PWFA accommodations

Where It Applies

Nationwide. The PWFA is a federal law enforced by the U.S. Equal Employment Opportunity Commission (EEOC).

When It Takes Effect

June 27, 2023. The EEOC began accepting charges alleging PWFA violations on this date. The EEOC issued its final implementing regulation on April 15, 2024, which took effect June 18, 2024.

Why It Matters

The PWFA creates a clear legal obligation that did not previously exist under federal law. Before the PWFA, pregnant workers often fell into a gap between the ADA (which does not consider pregnancy itself a disability) and the Pregnancy Discrimination Act (which prohibited discrimination but did not require accommodation). The PWFA closes that gap.

Employers who deny reasonable accommodation requests from pregnant employees now face the same type of enforcement actions available under Title VII and the ADA, including compensatory and punitive damages, back pay, and attorney's fees.

The Humareso Take

This is one of the most significant new federal employment laws in years, and it is something we have been advising employers to prepare for since it was signed in December 2022. The key takeaway: treat pregnancy-related accommodation requests with the same rigor and good faith you apply to ADA requests. Engage in the interactive process, explore alternatives, and document everything. If you do not have a process in place for handling these requests, build one now.

Recommended Action Steps

1. Update your accommodation policies to explicitly reference the Pregnant Workers Fairness Act and pregnancy-related conditions.

2. Train managers and HR staff on how to handle pregnancy-related accommodation requests, including the interactive process.

3. Update your employee handbook to include PWFA protections and the process for requesting accommodations.

4. Review your current practices to ensure pregnant employees are not being required to take leave when a reasonable accommodation is available.

5. Post required notices — the EEOC has updated the "Know Your Rights" poster to include PWFA information.

6. Contact your Humareso representative for PWFA training materials and updated accommodation policy templates.