Navigating the PWFA: A guide to the interactive process for employers

Enacted in June 2023, the Pregnant Workers Fairness Act (PWFA) marks a significant step in ensuring workplace accommodations for pregnant employees and those with related medical conditions. Modeled after the Americans with Disabilities Act (ADA), the PWFA mandates that employers with 15 or more employees provide reasonable accommodations for limitations arising from pregnancy, childbirth, or related medical conditions, unless doing so causes undue hardship. A critical component of compliance is the interactive process—a collaborative dialogue between employer and employee to identify and implement effective accommodations. With this in mind, how should employers approach the interactive process under the PWFA to foster compliance, support employees, and maintain a productive workplace?

Understanding the PWFA’s scope

The PWFA applies to more than just pregnancy. It also applies to pregnancy-related conditions, including postpartum recovery, fertility treatments, miscarriage, and lactation. Unlike traditional disability laws, it covers temporary or minor limitations and doesn’t require a condition to meet a specific severity threshold to qualify for accommodations.

Examples of accommodations might include flexible schedules, additional breaks, modified duties, remote work, or providing equipment, such as stools for employees who stand for long periods. Individualized solutions are necessary, which makes the interactive process central to compliance.

Initiating the interactive process