Understanding the Pregnant Workers Fairness Act and What It Means for Employers

The Pregnant Workers Fairness Act (PWFA) is a new law that requires employers to provide reasonable accommodation to workers for known limitations related to pregnancy, childbirth, or related medical conditions. This law will go into effect on June 27, 2023, and will fill a gap by extending protections similar to those provided under the Americans with Disabilities Act of 1990 (ADA). This article aims to provide a comprehensive understanding of the PWFA and how it will impact employers.

The PWFA will require employers with 15 or more employees to provide reasonable accommodation for “known limitations related to pregnancy, childbirth, and related medical conditions of a qualified employee.” The law defines reasonable accommodation in the same way as the ADA. This means that employers must provide accommodations that will not cause them an undue hardship.

The PWFA fills a gap by extending protections similar to those provided under the Americans with Disabilities Act. However, there are some differences between the two laws. The PWFA does not tie “known limitations” to the definition of a “disability” under the ADA. This means that the term “pregnant workers” will apply to a broader range of conditions than those covered under the ADA.

Employer requirements under PWFA

Under the Pregnancy Workers Fairness Act (PWFA), employers will be required to engage in the interactive process to determine a reasonable accommodation. This process will be similar to the process for employees with disabilities under the ADA. Employers must also provide accommodations for known limitations related to pregnancy, childbirth or related medical conditions. These accommodations may include, but are not limited to, more frequent breaks, modified work schedules and temporary transfer to less strenuous work.

The law does not specify the types of conditions that will be considered a “known limitation” other than stating that it must be a “physical or mental condition” related to “pregnancy, childbirth, or related conditions” that the employee “has communicated to the employer.” It is important for employers to understand that if an employee does not disclose their condition, the employer is not obligated to provide accommodations.

Compliance considerations for employers

Employers may want to consider reviewing and updating their accommodation policies to comply with the PWFA and applicable state laws. It is also important to train supervisors and the human resources department to understand the requirements of the PWFA. Employers may also want to analyze potential accommodations they could provide to pregnant employees for known issues. By doing so, they will be better equipped to provide the necessary accommodations when the law goes into effect.

The PWFA is an important law that provides protections for employees who are pregnant, in childbirth, or have related medical conditions. Employers must understand the requirements of the law and make necessary accommodations for pregnant employees. This includes engaging in the interactive process to determine a reasonable accommodation, providing accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, and updating accommodation policies in compliance with the PWFA and applicable state laws. By doing so, employers can create a safe and inclusive workplace environment for all employees.

Explore more

Closing the Feedback Gap Helps Retain Top Talent

The silent departure of a high-performing employee often begins months before any formal resignation is submitted, usually triggered by a persistent lack of meaningful dialogue with their immediate supervisor. This communication breakdown represents a critical vulnerability for modern organizations. When talented individuals perceive that their professional growth and daily contributions are being ignored, the psychological contract between the employer and

Employment Design Becomes a Key Competitive Differentiator

The modern professional landscape has transitioned into a state where organizational agility and the intentional design of the employment experience dictate which firms thrive and which ones merely survive. While many corporations spend significant energy on external market fluctuations, the real battle for stability occurs within the structural walls of the office environment. Disruption has shifted from a temporary inconvenience

How Is AI Shifting From Hype to High-Stakes B2B Execution?

The subtle hum of algorithmic processing has replaced the frantic manual labor that once defined the marketing department, signaling a definitive end to the era of digital experimentation. In the current landscape, the novelty of machine learning has matured into a standard operational requirement, moving beyond the speculative buzzwords that dominated previous years. The marketing industry is no longer occupied

Why B2B Marketers Must Focus on the 95 Percent of Non-Buyers

Most executive suites currently operate under the delusion that capturing a lead is synonymous with creating a customer, yet this narrow fixation systematically ignores the vast ocean of potential revenue waiting just beyond the immediate horizon. This obsession with immediate conversion creates a frantic environment where marketing departments burn through budgets to reach the tiny sliver of the market ready

How Will GitProtect on Microsoft Marketplace Secure DevOps?

The modern software development lifecycle has evolved into a delicate architecture where a single compromised repository can effectively paralyze an entire global enterprise overnight. Software engineering is no longer just about writing logic; it involves managing an intricate ecosystem of interconnected cloud services and third-party integrations. As development teams consolidate their operations within these environments, the primary source of truth—the