The Pregnant Workers Fairness Act - What You Need to Know
In December 2022, Congress passed the Pregnant Workers Fairness Act (PWFA) as part of the Consolidated Appropriations Act, and President Biden signed it into law on December 29, 2022. The law became effective for employers on June 27, 2023.
However, the EEOC’s final regulations implementing the PWFA - which provide essential interpretive guidance - went into effect on June 18, 2024.
Key Provisions of the PWFA 1. Who Is Covered- The PWFA applies to employers with 15 or more employees, including private employers, public employers, employment agencies, and labor unions.
- It covers employees, applicants, and former employees who are considered “qualified individuals” with a “known limitation” related to pregnancy, childbirth, or related medical conditions.
- A “qualified individual” means someone who, with or without a reasonable accommodation, can perform the essential functions of their job. Importantly, the PWFA also allows a person to be qualified even if they temporarily cannot perform an essential job function—so long as that inability is temporary, can be reasonably accommodated, and the person can resume performing the function in the near future.
- A “known limitation” is a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, and which the employee or their representative has communicated to the employer.
- Employers must provide reasonable accommodations unless doing so would cause undue hardship.
- The final rule gives examples of accommodations such as:
- More frequent or longer breaks
- Sitting or standing options
- Modified work schedules
- Telework
- Light duty
- Temporary suspension or reassignment of some essential functions (in limited cases)
- Leave for health care appointments or to recover from childbirth or other medical conditions related to pregnancy or childbirth
- The undue hardship analysis mirrors the ADA approach—i.e., significant difficulty or expense considering the employer’s size, resources, nature of its operations, and cost of the accommodation.
- The statute and regulations require that the employer and employee engage in a timely, good faith “interactive process” to identify limitations and potential accommodations.
- Employers may request documentation, but only when reasonably necessary and limited to verifying the condition, relationship to pregnancy/childbirth, and the accommodation needed.
- Employers cannot force an employee to take leave if another reasonable accommodation is available.
- The law prohibits retaliation against employees for requesting accommodations or otherwise asserting their rights under the PWFA.
- The PWFA complements - not replaces - existing laws such as the Pregnancy Discrimination Act (PDA), ADA, and FMLA.
- For Atlanta and Georgia employees, the PWFA strengthens workplace rights and ensures access to accommodations that support continued employment during pregnancy or postpartum recovery.
- For employers, compliance requires reviewing and updating accommodation policies, training managers on the interactive process, and ensuring documentation requests are limited to verifying the need for accommodation.
- Even though the statute became effective in June 2023, the June 2024 EEOC regulations clarified critical definitions and compliance standards. Employers must now evaluate requests more consistently and avoid assumptions about what pregnant employees can or cannot do.
The law applies to employers with 15 or more employees, including private, public, and federal employers.
Any physical or mental condition related to pregnancy, childbirth, or related medical conditions may be covered, including gestational diabetes, preeclampsia, postpartum recovery, or lactation needs.
The ADA only covers disabilities that substantially limit a major life activity. The PWFA covers temporary conditions arising from pregnancy or childbirth, even if they don’t meet the ADA’s disability definition.
Examples include modified work schedules, temporary reassignment of duties, additional breaks, telework, light duty, and leave. Employers must assess each request individually.
No. Under the PWFA, employers cannot require an employee to take leave if another reasonable accommodation allows them to keep working.
Currently, Georgia does not have a state law equivalent to the PWFA, making the federal law especially important for Georgia employees.
If you are pregnant or recently gave birth and your employer has denied a reasonable accommodation - or if you’re an employer seeking guidance on compliance - Fidlon Legal can help. Our Atlanta pregnancy discrimination attorneys advise clients throughout Atlanta and Georgia on workplace rights under the PWFA, PDA, FMLA, ADA, and related laws. Contact us today for a confidential free case evaluation.