Pregnant Workers’ Fairness Act Turns Two: Key Takeaways for Employers

The Pregnant Workers’ Fairness Act (PWFA) became effective on June 27, 2023. Two years later, we’re seeing PWFA cases make their way through the courts. Employers need a firm grasp of the PWFA to support pregnant employees appropriately while steering the company away from preventable compliance missteps and costly legal fallout.

What is the PWFA?

The PWFA and the Equal Employment Opportunity Commission’s (EEOC) implementing regulations require covered employers—those with 15 or more employees—to provide “reasonable accommodations” for a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless doing so would impose an “undue hardship” on the employer.[1] Examples of pregnancy-related medical conditions include: postpartum depression, morning sickness, sciatica, lactation/need to express breast milk, physical childbirth injuries, and recovering from a miscarriage. An undue hardship is defined as a significant difficulty or expense for the employer.

What are common accommodations required under the PWFA?

• Light Duty
• Telework
• Modified work schedules
• Equipment changes or additions
• Exceptions to food and drink policies
• Time off for appointments and recovery
• Ability to sit, including providing a chair or stool
• More frequent breaks, including to use the restroom
• A private space and time to breastfeed (also required by the Pump Act).

How is the PWFA different from the Americans with Disabilities Act (ADA)?

The ADA only requires employers to provide reasonable accommodation for pregnancy-related conditions that also qualify as a disability, such as anemia, degenerative disc disease, or gestational diabetes. The reasonable accommodation obligation under the PWFA is far broader because it is based on pregnancy itself.

Another key difference is that the ADA never requires an employer to remove an essential function of employment, whereas the PWFA may require the temporary suspension of essential job functions—for a reasonable time that may be up to 10 months—absent undue hardship. This means that an employee can be “qualified” under the PWFA if their inability to perform an essential function is temporary, the employee could perform the essential functions “in the near future,” and the inability to perform the essential function can be reasonably accommodated. Usually, the relevant PWFA accommodation would be light duty, a temporary change in work assignments, or leave (see special rule on leave below).

It is also important to note that the PWFA prohibits an employer from requiring an employee to accept a pregnancy-related accommodation unless it is arrived at through the interactive process between the employer and employee, and employers may be more restricted in requesting medical documentation to substantiate accommodation needs under the PWFA.

Can a company offer leave as an accommodation?

Under the PWFA, employers may only require an employee take leave if there is no other available effective accommodation, which is determined by engaging in the interactive process to find suitable solutions. For example, if a full-time employee is unable to lift over 10 pounds for the duration of their pregnancy and the employer only has work meeting this requirement on a part-time basis, an employer can require the employee to take leave for the remainder of the week, including leave without pay if no paid leave is available once the employer engages in a meaningful dialogue with the employee about the available accommodation(s). If an employee requests leave, but the employer believes there may be an alternative effective accommodation, like a temporary change in job duties, the employer should engage in the interactive process with the employee to determine whether its proposed accommodation would be effective. Keep in mind that many pregnant employees are also entitled to Family Medical Leave Act (FMLA) leave or a state law equivalent, which provides for unpaid leave and certain job protections.

What medical documentation can a company require to approve an accommodation under the PWFA?

The employer may require the employee provide medical information under limited circumstances only. Employers cannot request medical documentation in many circumstances, including when the need for the accommodation is obvious, or when the employee has already provided sufficient documentation. For example, if the employee provided a doctor’s note requiring leave, the employer can’t require a new note for each instance of leave requested. Under the PWFA, an employee’s statement that they are pregnant or breastfeeding is usually sufficient to trigger a required accommodation for breaks to eat, drink, use the restroom, and a time and place to pump.

If the employer seeks medical information, it must be limited to the following:

1. confirmation of the physical or mental condition and that it arises out of pregnancy, childbirth, or related medical conditions and
2. a description of the adjustment or change at work needed due to the limitation (for example, no overtime for 4 months, or the expected duration of an absence).

Remember that all employee medical documentation must be kept confidential in a segregated and secure file.

What is the PWFA’s Anti-Retaliation Provision?

The PWFA prohibits employers from retaliating against an employee for requesting an accommodation, for opposing actions made unlawful by the PWFA, or for participating in a proceeding, like an investigation or hearing about the PWFA. Retaliation may come in many forms, such as the denial of a job opportunity (including upon return from parental leave), a reassignment to a position with fewer leadership opportunities or other benefits or creating or allowing a hostile work environment to persist.

Recent PWFA Cases

The EEOC began regularly charging employers with alleged PWFA violations in 2024. The following two cases illustrate the broad requirement to accommodate pregnant workers.

1. In EEOC v. Urologic Specialists of Oklahoma, Inc., Case No. 4-24-cv-0452, the EEOC alleged that the medical practice failed to permit a medical assistant to sit, take breaks, and work part time as recommended by her physician during a high-risk pregnancy. Instead, the employer required her to take unpaid leave. The EEOC took the position that the employer failed to demonstrate that the requested accommodations would pose an undue hardship.
2. The EEOC took a similar position in EEOC v. Polaris Industries, Inc., Case No. 5:24-cv-1305, where the EEOC alleged the company violated the PWFA by refusing an employee’s requested pregnancy-related leave and requiring her to work overtime, despite medical restrictions from working more than forty hours per week. Polaris also threatened termination when the employee took pregnancy-related leave.
3. In April 2025, a Maryland-based company settled a PWFA retaliation case with the EEOC alleging the company denied a pregnant employee’s return to the workplace after she gave birth on the asserted basis that it had no work for her, but the company hired non-pregnant workers before and after her attempted return, indicating that its reasons were pretext for pregnancy discrimination.

Individuals are also starting to bring PWFA claims in federal courts.

1. In a September 2025 Florida district court case, Carnegie v. Heritage Park Nursing Center, LLC, Case No. 8:25-cv-00739-CEH-AEP, the Middle District for Tampa awarded damages to an employee whose requested pregnancy accommodations of frequent bathroom breaks, no overtime, no prolonged standing, and no heavy lifting were rejected without an interactive process. Instead, the employer required her to resign or provide a doctor’s note permitting her to work as usual, which led to the employee’s constructive discharge. The court found that the employer failed to articulate how these accommodations posed an undue hardship, especially because it provided light duty for a non-pregnant employee who underwent surgery.

What should employers do now?

Each of these cases is an indication that the EEOC and the courts are requiring employers to clearly document engagement in the interactive process in good faith and to convincingly demonstrate undue hardship when accommodations are denied or employees are forced to take unrequested leave. Because conditions related to pregnancy are usually temporary, employers are broadly expected to make reasonable changes to the work environment to accommodate pregnant employees.

Employers should focus on the following best practices to ensure PWFA compliance in the workplace:

1. Train supervisors and HR personnel to spot and respond to accommodation requests from pregnant employees who may not use magic words like “reasonable accommodation” or “PWFA.”
2. Update your accommodation policies to include PWFA requirements.
3. Be mindful of PWFA’s anti-retaliation provisions.
4. Remember that PWFA accommodations may be far broader than those employers are accustomed to under the ADA.
5. Always engage in the interactive process with pregnant employees to see if an effective accommodation is available, even if you cannot approve the specific accommodation they requested.
6. Document all actions in writing, including the reasons for approving an alternative effective accommodation, denying a requested accommodation, or requiring an employee to take leave.
7. Keep all medical documentation confidential.
8. If you are working for a government contractor or another client, you may need to engage that client to implement an effective accommodation, such as an equipment or schedule change. If that client determines a particular accommodation is not possible, try to obtain the client’s decision in writing. If you believe the client’s decision may violate the PWFA, engage employment counsel to strategize, or suggest engaging the client’s own reasonable accommodation or EEO office to discuss a solution.
9. Consult employment counsel before addressing a performance or conduct issue or taking any other action involving an employee who recently invoked rights under the PWFA.

Attorneys in PilieroMazza’s Labor & Employment are committed to helping employers navigate the PWFA. Please contact Sarah Nash, Sara Ryan, or another member of the Group if you have any questions or need assistance.

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If you’re seeking practical insights to gain a competitive edge by understanding the government’s compliance requirements, tune into PilieroMazza’s podcasts: GovCon Live!, Clocking in with PilieroMazza, and Ex Rel. Radio.

[1] Other laws continue to govern how employers treat pregnant workers, including anti-discrimination and anti-retaliation provisions of Title VII of the 1964 Civil Rights Act, and the Pump Act, which requires employers to provide space and breaks to express breast milk for at least one year after childbirth.