The Pregnant Workers Fairness Act (PWFA) is a federal law, effective June 27, 2023, that requires covered employers to make reasonable accommodations for qualified applicants and employees unless they cause an undue hardship. It extends reasonable accommodation rights to workers with known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. The law also establishes clearer guidelines and accommodation obligations for employers. This helps ensure that workers are not treated unfairly or forced out of work due to pregnancy, childbirth, or related medical conditions.
Some examples of possible reasonable accommodations under the PWFA may include:
- Additional, longer, or more flexible breaks to drink water, eat, rest, or use the restroom;
- Changing food or drink policies to allow for a water bottle or food;
- Changing equipment, devices, or workstations, such as providing a stool to sit on, or a way to do work while standing;
- Changing a uniform or dress code or providing safety equipment that fits;
- Changing a work schedule, such as having shorter hours, part-time work, or a later start time;
- Telework;
- Temporary reassignment;
- Temporary suspension of one or more essential functions of a job;
- Leave for health care appointments;
- Light duty or help with lifting or other manual labor; or
- Leave to recover from childbirth or other medical conditions related to pregnancy or childbirth.
For more information see:
- EEOC's Pregnancy Discrimination and Pregnancy-Related Disability Discrimination
- EEOC's Interpretive Guidance on the Pregnant Workers Fairness Act (Appendix A to Part 1636)
- EEOC's What You Should Know About the Pregnant Workers Fairness Act
- EEOC's Summary of Key Provisions of EEOC's Final Rule to Implement the Pregnant Workers Fairness Act (PWFA)
- EEOC's Tips for Small Businesses: Pregnancy, Childbirth, or Related Medical Conditions Accommodations
- EEOC's Enforcement Guidance on Pregnancy Discrimination and Related Issues
- EEOC's Questions and Answers about the EEOC's Enforcement Guidance on Pregnancy Discrimination and Related Issues
JAN offers additional information about pregnancy, job accommodations, and federal non-discrimination laws in the featured resource: Accommodation and Compliance: Pregnancy.
