Pregnant Workers Fairness Act

About This Policy

The Pregnant Workers Fairness Act (PWFA) requires covered employers to offer reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.

Although the PWFA adopts a framework similar to the ADA, PWFA accommodations are available to pregnant workers regardless of whether they are disabled within the meaning of the ADA. Therefore, an individual who cannot perform essential job functions is still qualified under the PWFA if:

• the individual’s inability to perform essential functions is temporary
• the essential job functions can be performed in the near future, and
• the inability can be reasonably accommodated.

The PWFA covers public and private sector employers of 15 or more (as well as employment agencies, labor organizations, Congress, and Federal agencies).

Covered employers cannot:

• require an employee to accept an accommodation without a discussion about the accommodation between the worker and the employer;
• deny a job or other employment opportunities to a qualified employee or applicant based on the person’s need for a reasonable accommodation;
• require an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working;
• retaliate against an individual for reporting or opposing unlawful discrimination under the PWFA or participating in a PWFA proceeding (such as an investigation); or
• interfere with any individual’s rights under the PWFA.

Other laws that apply to workers affected by pregnancy, childbirth, or related medical conditions, include:

• Title VII – Protects an employee from discrimination based on pregnancy, childbirth, or related medical conditions. Requires covered employers to treat a worker affected by pregnancy, childbirth, or related medical conditions the same as other workers similar in their ability or inability to work.
• The Americans with Disabilities Act (ADA) – Protects an employee from discrimination based on disability; and requires covered employers to provide reasonable accommodations to a person with a disability if the reasonable accommodation would not cause an undue hardship for the employer. While pregnancy is not a disability under the ADA, some pregnancy-related conditions may be disabilities under the law.
• The Family and Medical Leave Act of 1993 (FMLA) – Provides covered employees with unpaid, job-protected leave for certain family and medical reasons.
• The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP) – Expands protections for lactating employees by requiring employers to provide all employees who are nursing with reasonable time and private space to express breast milk.

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