The Pregnant Workers Fairness Act (PWFA) Goes Into Effect June 27, 2023
A federal law adds protections for pregnant, postpartum, and pumping workers.
If you're pregnant at work, you have more protections with a new law going into effect this month. Also, if your employer is treating you unfairly because of your pregnancy or recent birth, you have more recourse starting June 27, 2023.
In late 2022, President Biden signed the Pregnant Workers Fairness At (PWFA), which will go into effect this month. It is a new law that requires covered employers to provide reasonable accommodations to people when it comes to pregnancy, childbirth, or related medication conditions.
“The PWFA is a federal law that requires employers to provide reasonable accommodations to pregnant workers, unless doing so would cause an undue hardship. The law applies to all employers with 15 or more employees. It covers all aspects of employment, including hiring, firing, promotions, and pay.” — Winnie
If you believe your employer is failing to provide reasonable accommodations, know that you can file a complaint with the Equal Employment Opportunity Commission (EEOC).
Read below to find out what’s covered by PWFA.
What is the Pregnant Workers Fairness Act?
The Pregnant Workers Fairness Act (PWFA) is a United States federal law designed to protect you and allow you to get additional support for doing your job while pregnant, recovering from childbirth, or other related medical conditions.
The Pregnant Workers Fairness Act (PWFA) is a new law that requires covered employers to provide “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.” — U.S. Equal Employment Opportunity Commission
Here’s a closer look at each of the terms:
Covered employees mean all private and public sector employers with at least 15 employees; as well as Congress, Federal agencies, employment agencies and labor organizations.
Reasonable accommodations are anything that supports a worker’s known limitations related to pregnancy, defined as “changes to the work environment or the way things are usually done at work,” as long as it does not cause the employer an “undue hardship.”
An “undue hardship” is when an accommodation would result in “significant difficulty or expense for the employer.”
What are some examples of reasonable accommodations?
If you need to adjust your work environment in order to do your job while pregnant, you should be able to do so. This includes changes to the way things are usually done at work. The House Committee on Education and Labor Report on the PWFA details examples:
“The ability to sit or drink water; receive closer parking; have flexible hours; receive appropriately sized uniforms and safety apparel; receive additional break time to use the bathroom, eat, and rest; take leave or time off to recover from childbirth; and be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.” — U.S. EEOC
In order to be a reasonable accommodation, “the change must be necessary for the pregnant worker to perform her job duties. It must also be effective in mitigating the effects of her pregnancy-related limitations,” according to a post from Winnie, a childcare marketplace.
Here are some additional examples of reasonable accommodations:
Adjusting work schedules; allowing flex work.
Reduced lifting and physical or manual labor.
Acquiring accessible equipment.
Providing lactation spaces and breastmilk storage.
Allowing for additional breaks.
What your employer is not allowed to do:
In addition, if you are a covered employee (15+ workers), the PWFA prevents employers from deciding what accommodations you need without discussing it with you; they cannot deny you a job or employment for needing an accommodation; they cannot require you to take leave; and they cannot retaliate against you.
Here is the language from EEOC website:
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.”
How to file a complaint against your employer
You can file a complaint if your employer doesn’t provide reasonable accommodations for you. If you're pregnant and your employer is unhelpful, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency that enforces laws prohibiting employment discrimination. Your employer is also prohibited from retaliation.
Plus, there are several more protections for parents & pregnant workers. While PWFA is a new law, there are several laws that provide additional coverage. These laws include two that are also enforced by the Equal Employment Opportunity Commission and two that are regulated by the U.S. Department of Labor.
Protections from the Equal Employment Opportunity Commission (EEOC):
Title VII of the Civil Rights Act of 1964, which protects against pregnancy discrimination and sex discrimination. This includes discrimination based on past pregnancy, potential pregnancy, medical conditions related to pregnancy and childbirth, breastfeeding and lactation, having OR choosing not to have an abortion, and birth control/contraception.
The Americans with Disabilities Act, also known as ADA. This is a more general law that prohibits discrimination based on disability. What’s not as well known is that disabilities related to pregnancy—like pregnancy diabetes—can qualify as a disability under the ADA. The ADA also requires all medical records and information about employees to be kept separate and confidential.
Protections from the U.S. Department of Labor:
You are covered by the Family and Medical Leave Act of 1993 (enforced by the U.S. Department of Labor). From the website: “The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to twelve workweeks of leave in a 12-month period for:
The birth of a child and to care for the newborn child within one year of birth;
The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
To care for the employee’s spouse, child, or parent who has a serious health condition;
A serious health condition that makes the employee unable to perform the essential functions of his or her job;
Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
Twenty-six work weeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
The PUMP Act (also enforced by the U.S. Department of Labor). From the website: “The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for an employee to express breast milk for their nursing child for one year after the child's birth each time such employee has need to express the milk. Employees are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.”
Additional resources and support:
I follow Daphne Delvaux, Esq. on Instagram as @themamattorney and on Substack here:
to watch how fierce some lawyers can be about demanding that these laws be upheld. If you have additional resources, please leave them in the comments as well and I’ll add to this list.— Sarah Peck
CEO & Founder
Startup Parent