Federal Law

PWFA

Pregnant Workers Fairness Act

42 U.S.C. § 2000gg et seq.

Employer Size

15+

Filing Deadline

180 days

Extended Deadline

300 days

Filing Agency

Equal Employment Opportunity Commission

Overview

The Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, requires covered employers to provide reasonable accommodations for qualified employees with known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would impose an undue hardship on the employer. The PWFA fills a critical gap left by the PDA by providing pregnant workers with accommodation rights similar to those afforded to individuals with disabilities under the ADA. Importantly, unlike the PDA, the PWFA does not require a comparator -- employers must provide accommodations regardless of how they treat other employees with similar limitations.

Key Provisions

  • Employers must provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions
  • Cannot require employees to take paid or unpaid leave if another reasonable accommodation is available
  • Cannot deny employment opportunities based on need for reasonable accommodation
  • Cannot require employees to accept an accommodation other than one arrived at through an interactive process
  • Follows the ADA framework for reasonable accommodation and undue hardship analysis

Available Remedies

Back payReinstatement or front payCompensatory damagesPunitive damages (same caps as Title VII)Attorney fees and court costsInjunctive relief

Filing Information

Deadline

180 days from the discriminatory act (300 days in deferral states)

Agency

Equal Employment Opportunity Commission (EEOC)

Eligibility Notes

  • •Effective June 27, 2023
  • •Requires reasonable accommodations for pregnancy-related conditions
  • •Separate from PDA - provides accommodation rights similar to ADA
  • •Employer must have 15 or more employees
  • •Does not require a comparator unlike the PDA

Covers These Situations

discriminationfailure to accommodateretaliationwrongful termination

Protected Characteristics

pregnancychildbirthrelated medical conditions

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This information is provided for educational purposes only and does not constitute legal advice. Laws and regulations are subject to change. Consult a qualified employment attorney for advice about your specific situation. Last reviewed: February 2025.