Bumping up compliance: Pregnancy accommodations under the PWFA

The Pregnant Workers Fairness Act (PWFA) has quickly moved from “new law” to active enforcement priority. Effective June 27, 2023, the PWFA requires covered employers—generally those with 15 or more employees—to provide reasonable accommodations to qualified applicants and employees with known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would impose an undue hardship.

PWFA goes further, and compliance is a priority

The PWFA fills gaps left by prior federal protections such as the Pregnancy Discrimination Act (PDA), which prohibits discrimination because of pregnancy, childbirth, or related medical conditions, and the Americans with Disabilities Act (ADA), which may require accommodations when a pregnancy-related condition qualifies as a disability. The PWFA goes further by requiring accommodations for pregnancy-related limitations even when they don’t meet the ADA’s definition of disability. It can apply to employees who are pregnant, trying to become pregnant, recovering from childbirth, lactating, experiencing pregnancy-related medical issues, or dealing with postpartum conditions.