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The Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act (PWFA) is a federal law that, as of June 27, 2023, requires covered employers to provide “reasonable accommodations” to a qualified worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” An undue hardship is defined as causing significant difficulty or expense.

“Reasonable accommodations” are changes to the work environment or the way things are usually done at work.

What are some possible accommodations for workers affected by pregnancy, childbirth, or related medical conditions?

  • Being able to sit or drink water
  • Receiving closer parking
  • Having flexible hours
  • Receiving appropriately sized uniforms and safety apparel
  • Receiving additional break time to use the bathroom, eat, and rest
  • Taking leave for doctor’s appointments or time off to recover from childbirth
  • Being excused from strenuous activities and/or exposure to chemicals not safe for pregnancy

What other federal employment laws may apply for pregnant workers?

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

  • Title VII which prohibits employment discrimination based on sex, pregnancy, or other protected categories (enforced by the U.S. Equal Employment Opportunity Commission (EEOC))
  • The ADA which prohibits employment discrimination based on disability (enforced by the EEOC)
  • The Family and Medical Leave Act which provides unpaid leave for certain workers for pregnancy and to bond with a new child (enforced by the U.S Department of Labor)
  • The PUMP Act which provides nursing mothers a time and private place to pump at work (enforced by the U.S. Department of Labor)

Charge of Discrimination

If you believe that you have been discriminated against at work because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information, or retaliation, you can file a Charge of Discrimination. A charge of discrimination is a signed statement asserting that an employer, union or labor organization engaged in employment discrimination. It requests EEOC to take remedial action.

A Charge of Discrimination can be completed through our EEOC Public Portal after you submit an online inquiry and we interview you. Filing a formal charge of employment discrimination is a serious matter. In the EEOC’s experience, having the opportunity to discuss your concerns with an EEOC staff member in an interview is the best way to assess how to address your concerns about employment discrimination and determine whether filing a charge of discrimination is the appropriate path for you. In any event, the final decision to file a charge is your own.

Contact

Kathy Avila
U.S Equal Employment Opportunity Commission (EEOC)

333 Las Vegas Blvd South
Suite 5560
Las Vegas, NV 89101

Phone: 702-553-4470

Fax: 702-388-5094

TTY: 1-800-669-6820

ASL Video Phone: 844-234-5122

To locate your local field office, click on the following link: EEOC Field Offices | U.S. Equal Employment Opportunity Commission