Understanding the Pregnant Workers Fairness Act

The federal Pregnant Workers Fairness Act (PWFA) became law in June 2023. The Act requires a covered employer to provide reasonable accommodation(s) to a qualified employee or applicant who has known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions unless the accommodation will cause the employer an undue hardship. The focus of the PWFA is specifically on accommodations, leaving other existing laws related to discrimination based on pregnancy, childbirth, or related medical conditions unchanged.

Over the past year the U.S. Equal Employment Opportunity Commission (EEOC) has been creating regulations for implementing the PWFA. The recently issued regulations took effect on June 18. Here are some key areas of the law and regulations employers should be aware of.

Who is covered by the PWFA?

The PWFA applies to private and public sector employers with 15 or more employees, employment agencies, and labor organizations.