Pregnant Workers Fairness Act (PWFA) Effective June 27, 2023

The Pregnant Workers Fairness Act goes into effect on June 27, 2023

1. What is the Pregnant Workers Fairness Act?

The Pregnant Workers Fairness Act (PWFA) is a new law that requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”

The PWFA applies only to accommodations. Existing laws already make it illegal to fire or otherwise discriminate against workers on the basis of pregnancy, childbirth, or related medical conditions.

The PWFA does not replace federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions.

2. Who does the PWFA protect?

The PWFA protects employees and applicants of “covered employers” who have known limitations related to pregnancy, childbirth, or related medical conditions.

“Covered employers” include private and public sector employers with at least 15 employees, Congress, Federal agencies, employment agencies, and labor organizations.

3. What else does the PWFA prohibit?

Covered employers cannot:  

• Require an employee to accept an accommodation without a discussion about the accommodation between the worker and the employer

• Deny a job or other employment opportunities to a qualified employee or applicant based on the person's need for a reasonable accommodation

• Require an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working

• Retaliate against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding (such as an investigation)

• Interfere with any individual’s rights under the PWFA