The Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act ("PWFA") is a new law that will take effect on June 27, 2023. The PWFA requires employers with 15 or more employees to provide temporary and reasonable accommodations to an employee’s known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation will cause the employer an “undue hardship.” Similar to the Americans with Disabilities Act (“ADA”), the PWFA requires a covered employer to engage in the interactive process when determining the accommodation(s).

What constitutes a "reasonable accommodation" will vary depending on the circumstances, including the employee's job, the nature of the employer's business, the impact upon co-workers, and the employer's resources. Reasonable accommodations may include a remote-work arrangement; permission to take frequent breaks; the ability to sit or drink water; receive closer parking; receive appropriately sized uniforms and safety apparel; have flexible hours; and/or to be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.

Also, under the PWFA, covered employers cannot:

  • Require an employee to accept an accommodation without a discussion about the accommodation between the employee and employer;
  • Deny a job or other employment opportunity 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; or
  • Interfere with an individuals’ rights under the PWFA.

While the PWFA applies to accommodations only, existing laws, such as Title VII, make it illegal to fire or otherwise discriminate against workers on the basis of pregnancy, childbirth, or related medical conditions. The PWFA does not replace federal, state or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions.

For questions regarding this new law or any labor related matter, contact a member of Barrett McNagny's Labor and Employment team listed below. 

Barrett McNagny LLP

Legal Disclaimer

The information contained in the Barrett McNagny LLP website is for informational purposes only and should not be considered legal advice on any subject matter. Furthermore, the information contained on our website may not reflect the most current legal developments. You should not act upon this information without consulting legal counsel.

Your transmission and receipt of information on the Barrett McNagny LLP website, or sending an e-mail to one of our attorneys or staff, will not create an attorney-client relationship between you and Barrett McNagny LLP. If you need legal advice and want to establish an attorney-client relationship with Barrett McNagny LLP, please contact one of our attorneys by telephone, email, or other means of communication, and allow the attorney to confirm that the firm does not represent other persons or entities involved in the matter and that the firm is willing to accept representation. Until such confirmation is provided by one of our attorneys, you should not transmit information to us that you consider confidential. If you do provide information to us, and no attorney-client relationship is established, the information will not be considered confidential or privileged, and our receipt of such information will not preclude us from representing another client in a matter adverse to you.

Any links to other websites are not intended to be referrals or endorsements of those sites.

Privacy Policy

Terms of Use

ADA Compliance

Transparency Cover Rule: Machine-Readable Files

Contact Us
Hello,
My name is
 
and I am a(n)
seeking legal counsel in the area of 
.
Please
me at
as soon as you can.

Thank you for contacting us!

A representative will be in touch with you shortly.

An attorney-client relationship will NOT be formed merely by sending an email to Barrett McNagny, LLP or to any of its attorneys. Please do not send any information specific to your legal needs until you obtain approval from a Barrett McNagny, LLP attorney, as the content of such email will not be considered confidential or privileged. By sending us an email, you confirm your understanding of this notification. If you agree, you may use the e-mail links on this page to contact an attorney.
YesNo