5 min read

Pregnant Workers Fairness Act

A 2023 law requires employers to accommodate pregnancy-related limitations the same way they would a disability — even when the employee isn't disabled.

What changed in 2023

Before the Pregnant Workers Fairness Act (PWFA), pregnant workers often fell into a gap: not disabled enough for ADA protections, but not accommodated under Title VII either. The PWFA closes that gap. Employers with 15 or more employees must now provide reasonable accommodations for limitations related to pregnancy, childbirth, or related medical conditions.

What accommodations are covered

The PWFA covers a wide range: additional bathroom breaks, temporary light duty, modified schedules, remote work, leave for medical appointments, permission to sit instead of stand, and more. The limitation doesn't have to be severe — even routine pregnancy symptoms can qualify if they affect your ability to do your job.

How it differs from the ADA

Under the ADA, you must show a qualifying disability. The PWFA has no such requirement — limitations stemming from a healthy, normal pregnancy are enough. This is a significant expansion. The interactive process (employer and employee working together to find a solution) still applies.

Red flags to watch for

Employer denied a simple accommodation like additional breaks or modified duties
You were pushed onto leave instead of being offered an accommodation
Accommodation request was ignored or met with silence
You were fired or demoted after disclosing your pregnancy
HR told you the PWFA "doesn't apply here" without explanation

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LGBTQ+ Protections at Work