Understanding the Pregnant Workers Fairness Act: New Protections and Responsibilities for Employers

On June 18, the Pregnant Workers Fairness Act (PWFA) went into effect following the Equal Employment Opportunity Commission’s (EEOC) release of the final regulations to carry out the law. The PWFA went into effect on June 27, 2023, and the EEOC issued its final regulation on April 15, 2024, leading to the recent effect of the final regulation. 

The PWFA expands existing rights and leave laws for pregnant workers while creating new rights for individuals with a limitation due to pregnancy, a pregnancy-related medical condition or childbirth. 

The PWFA requires an employer to provide “reasonable accommodation” to a qualified employee under the PWFA, unless the accommodation would cause the employer an “undue hardship,” meaning significant difficulty or expense. 

An employee can qualify for the PWFA under two conditions: if the employee can perform essential job functions with or without reasonable accommodation; or, if the employee cannot perform the essential functions of their job but the inability is temporary, and they will be able to perform in the near future. 

Since the PWFA’s statement includes broad terms, the PWFA extends its protections to individuals who may have experienced past, present, or possible future pregnancies. These related limitations can include IVF treatment, menstrual cycles, lactation issues and postpartum depression. 

According to the PWFA, reasonable accommodations for these circumstances include flexible break periods, adjusting food and drink policies, changing uniform or dress codes, modifying work schedules, incorporating telework, leave for health care appointments and more. 

Before the PWFA, employers were not required to provide reasonable accommodations for pregnancies unless complications resulted from the pregnancy. Now, with the PWFA in effect, employers with 15 or more employees—including Congress and federal agencies, employment agencies and labor organizations—must provide reasonable accommodation for pregnancy, childbirth or any related conditions. 

To comply with the new law, employees with a pregnancy-related limitation are encouraged to inform their employer and work together toward accommodation. Employers are encouraged to accommodate the employee promptly to avoid a PWFA violation and may update policies or procedures to accommodate individuals eligible for the PWFA or consult with legal counsel.