Federal laws have protected pregnant workers since 1978. Over the decades, Congress has enacted several laws to ensure that employees affected by pregnancy can balance work and family responsibilities without sacrificing the careers they worked hard to build. The most recent—and in many ways the most powerful—is the Pregnant Workers Fairness Act (PWFA), which took effect in June 2023. Understanding what the PWFA requires, and how it differs from earlier laws, is essential for any worker navigating pregnancy in the workplace.
The Pregnancy Discrimination Act
The Pregnancy Discrimination Act (PDA) of 1978 amended Title VII of the Civil Rights Act of 1964 to prohibit employment discrimination based on pregnancy, childbirth, or related medical conditions. Under the PDA, employers must treat employees affected by pregnancy, childbirth, or related medical conditions the same as other employees with similar abilities or limitations with respect to hiring, firing, promotions, etc. For example, an employer cannot refuse to hire a qualified applicant because she is pregnant, nor can it fire, demote, or reassign her because of pregnancy.
The PDA does not explicitly require accommodations, but it does require equal treatment. This means that, under the PDA, if an employer accommodates other employees’ limitations, it must do the same for limitations arising from pregnancy, childbirth, or related medical conditions. By way of example, if an employer offers light duty to an employee recovering from a sports injury, it must offer the same to an employee with the same limitation arising from pregnancy.
The Americans with Disabilities Act
The Americans with Disabilities Act (ADA) requires that employers provide reasonable accommodations for employees with disabilities. Pregnancy itself is not a disability under the ADA, but conditions that develop during pregnancy can be. For example, a pregnant employee who develops gestational diabetes may be entitled to an accommodation for that condition. The ADA’s reach in this context depends entirely on whether the pregnancy produces a qualifying condition—making its protection contingent rather than direct.
What the PWFA Does Differently
The PWFA fills the gaps left by the PDA and ADA in three important ways.
First, the PWFA does not require a “disability” as defined under the ADA. An employee need only have a “known limitation” related to pregnancy, childbirth, or a related medical condition. A limitation can include many things, such as difficulty sitting at a desk due to morning sickness, needing to avoid certain chemicals, or being unable to lift heavy objects. For the limitation to be “known,” the employee simply needs to communicate the limitation to the employer. Once notified, the employer and employee should work together to find a reasonable accommodation. Under both the PWFA and ADA, the employer must provide a reasonable accommodation unless doing so would pose an undue hardship, meaning the accommodation would be unduly expensive or difficult given the employer’s resources and operations.
Second, the PWFA protects employees who temporarily cannot perform an essential function of the job. The PWFA removes the barrier when the inability is temporary and the employer can accommodate it.
Third, the PWFA prohibits retaliation. An employer cannot demote, terminate, or otherwise penalize an employee for seeking or using an accommodation under the act.
Coverage and How to File
The PWFA applies to both public and private employers with 15 or more employees. Employees who believe their rights have been violated should file a charge of discrimination with the EEOC.
How We Can Help
If you believe your employer has violated your rights under the PWFA, PDA, or ADA—or if you have questions about how to request an accommodation—contact KCNF. Our team is ready to help you understand your options and protect the career you are working hard to build.
You may reach our office by telephone at (202) 331-9260, or you may contact us online.