The Pregnant Workers Fairness Act (PWFA) is a U.S. law designed to eliminate discrimination and ensure workplace accommodations for workers with known limitations related to pregnancy, childbirth or related medical conditions. Here are some key points about the PWFA:
- The PWFA requires a covered employer to provide a “reasonable accommodation” to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth or related medical conditions unless the accommodation causes the employer an “undue hardship.”
- This act applies only to accommodations. Other laws that the Equal Employment Opportunity Commission (EEOC) enforces make it illegal to fire or otherwise discriminate against employees or applicants based on pregnancy, childbirth or related medical conditions.
- The PWFA does not replace federal, state or local laws that are more protective of workers (used here to mean job applicants and employees) affected by pregnancy, childbirth or related medical conditions.
- This act applies to private and public sector employers (state and local governments) with 15 or more employees. It also applies to Congress and federal agencies, as well as to employment agencies and labor organizations.
- The PWFA went into effect on June 27, 2023. On April 15, 2024, the EEOC issued its final regulation to carry out the law. The regulation goes into effect on June 18, 2024. You can find a summary of the regulation here.
- On April 25, 2024, 17 states jointly filed suit in federal court to halt implementation of the rule. Litigation is ongoing, and the status of the rule is uncertain, pending its outcome.
Find additional information in the HR Resource Center under Pregnant Workers Fairness Act – Final Regulations Published.
The information provided here is intended for informational purposes only and should not be construed as legal advice. While every effort has been made to ensure the accuracy of the information, it is not guaranteed to be correct, complete or up to date. Legal matters often have specific individual circumstances that affect the appropriate course of action. As such, we strongly recommend consulting with a qualified legal professional for any legal advice pertaining to your situation.