The Pregnant Workers Fairness Act (PWFA) became law on June 27, 2023. Following this, the Equal Employment Opportunity Commission (EEOC) published its final implementing regulations on April 15, 2024, which then became enforceable on June 18, 2024.
View State Specific Pregnancy Accommodation Requirements
The PWFA is about accommodations for pregnant employees. Unless the accommodation will cause the covered employer undue hardship, the PWFA requires an employer to provide reasonable accommodations for an employee’s physical or mental limitations stemming from pregnancy, childbirth or other related medical conditions. These include, but are not limited to, uncomplicated pregnancies, vaginal deliveries and C-Sections, miscarriage, postpartum depression, edema, placenta previa, lactation, and more. The PWFA must be adhered to by private and public employers that have at least 15 employees or more.
On June 27, 2023, charges of discrimination violations of the PWFA were accepted by the EEOC. Two other laws enforced by the EEOC also protect pregnant employees when it comes to work accommodations: Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). While pregnancy itself is not a disability, certain pregnancy-related conditions may be considered so under the ADA law. Additional support for new parents comes from the Family and Medical Leave Act (FMLA), ensuring unpaid, job-protected leave for specific family and medical reasons, and the PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers Act), allowing protections and space for women to express breast milk at work.
Under the PWFA, accommodations are to be agreed upon by the employer and employee via an interactive process. The employer may not deny a pregnant employee’s job or require her to take a leave if a reasonable accommodation is possible. There can be no punishment or retaliation against the employee.
A reasonable accommodation is any change to a pregnant employee’s work task or responsibilities. Examples include, but are not limited to: additional and longer breaks, changing work space or equipment needed, different dress code or uniform, shorter hours, part-time work, later start time, remote work, temporary reassignment, light duty, time for health care appointments, and leave to recover from childbirth and other medical conditions. These are just some examples, as many reasonable accommodations exist. The employer does not have to approve leave if it causes an undue hardship for the company in the way of difficulty or expense.
A worker can request an accommodation from the employer, letting them know of any limitations or needed leave time. An interactive process, or meeting, takes place in person, electronically, or virtually to agree on said accommodations. A brief conversation or email will also suffice. Supporting documentation is usually not needed, but could be in certain situations. If the employer seeks documentation from a health care provider, it must only confirm the physical or mental condition arising from pregnancy, childbirth, or medical condition related to the pregnancy. The doctor’s note can describe the change needed at work, estimated time for recovery, safety measures, or limit in work functions. Under the ADA and PWFA, employers are mandated to keep medical information of employees confidential.
Currently, more than 30 states and cities have laws mandating employers to provide pregnant employees with an accommodation, as needed. Click here to view our comprehensive list.
To identify a list of accommodations, one can use the Job Accommodation Network (JAN) at: https://askjan.org/.
A full summary of the PWFA can be found using this link: https://www.eeoc.gov/summary-key-provisions-eeocs-final-rule-implement-pregnant-workers-fairness-act-pwfa.
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Dr. Helene Cunningham
About the author:
After serving in public education for 33 years, Dr. Helene Cunningham retired from full-time work. Dr. Cunningham served as school principal for 18 years, nine at the secondary level, nine at elementary. As the National Distinguished Principal for California in 2013, she represented over 10,000 principals in the state, sent to Washington DC to discuss our nation’s educational challenges with other leaders across the country.
Dr. Cunningham leads as keynote speaker on various topics. The author of The Art of Principation: How the Role of the Principal Has Changed (2016), Dr. Cunningham wrote a motivating read for all new and veteran school administrators to learn, lead, redo, revamp, and renew. In her book, she calls for coaching and mentoring for administrators at each level. She provides support to site and district administrators as an Administrative Coach for the Association of California School Administrators (ACSA). She is also a published author for journal articles. For 11 years, Dr. Cunningham served as Director of Curriculum, Instruction and Assessment, Preschool-12th Grade, as well as District Arts Coordinator, for 18,000 students in 34 schools.
Currently, Dr. Cunningham leads as a technical writer for CPC on new legislation. She also consults as a state and national leadership coach and mentor. In addition, she is an Adjunct Professor at Concordia University, Irvine, teaching courses on Leadership and strategic planning. There she also supports leaders across the field as a Servant Leadership Coach, Dissertation Chair, and Dissertation Field Expert. Finally, she is a consultant nationally for Advanced Learning Partnerships, providing support, clear goals, and a structured process for teams to achieve their objectives.
Dr. Cunningham received her BA in Literature and Writing from the University of California at San Diego. She earned her MA in Education as well as her PhD in Education Administration from Claremont Graduate University. She is a culturally responsive leader who makes a positive impact. She lives and leads by the mantra, “Your work is your signature, so sign it with excellence.”
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