This page provides key points about compliance with the Pregnant Workers Fairness Act (PWFA).
It includes an overview of the compliance requirements, a list of some common administrative mistakes, and a PWFA compliance checklist to help your organization comply with the requirements under the PWFA so your organization can avoid common mistakes and lawsuits.
What Is The PWFA
The Pregnant Workers Fairness Act (PWFA) mandates reasonable accommodations to known limitations related to pregnancy, childbirth, or related medical conditions.
This law requires employers grant pregnant workers reasonable accommodations - temporary job changes needed to maintain a healthy pregnancy and, in some situations, to help an employee recover from or deal with post-pregnancy related medical conditions - unless doing so would impose an undue hardship.
What Administrators Should Know About The PWFA
Who's covered - it is not just employees!
Various prohibitions, such as denying employment opportunities, failing to make reasonable accommodations, and requiring a written request for an accommodations
Understanding that applicants are included in the statutory definition of "qualified employees"
What qualifies as an "essential function"
Who can request a reasonable accommodation - it's not just the employee!
How to use the "Interactive Process"
Utilizing "Interim Accommodations"
The rules for "Spousal Rights"
A multitude of documentation rules
Determining what takes precedence when PWFA contrasts with FMLA, ADA, and other laws
Top Compliance Risks Under PWFA
Treating pregnancy only under ADA (PWFA is broader)
Below is a practical compliance checklist for administering the Pregnant Workers Fairness Act. It is designed for HR, compliance, and managers handling pregnancy-related accommodations.
Coverage & Applicability Employer has 15+ employees (PWFA applies) PWFA can overlap with the ADA and the FMLA Policies updated to include pregnancy, childbirth, and related conditions
Policy & Handbook Updates Written PWFA policy in employee handbook Policy should clearly state the right to reasonable accommodations and that no requirement to take leave if another accommodation works Anti-retaliation language included Policy distributed and acknowledged by employees
Accommodation Request Process Process allows verbal or written requests No “magic words†required from employees Clear intake method (HR, manager, system) Requests tracked and logged
Interactive Process Interactive process begins promptly after request HR engages employee in good-faith discussion Medical documentation requested only when reasonable All steps documented
Reasonable Accommodations More frequent breaks Sitting/standing modifications Light duty or modified tasks Flexible schedules Temporary transfer Remote work (if feasible)
Prohibited Actions No automatic denial of accommodations No forcing employee to take leave if another option exists No requiring employee to accept unnecessary accommodations No retaliation for requesting accommodation No discrimination in hiring, promotion, or termination
Undue Hardship Analysis Defined criteria for hardship. For instance, cost, operational impact, and resources Analysis documented before denying accommodation Consider alternative accommodations before denial
Leave as Accommodation Leave considered only if other accommodations ineffective Leave not automatically required Coordination with FMLA (if applicable) Return-to-work handled flexibly
Manager & HR Training Managers trained to recognize accommodation requests and when and how to escalate to HR HR trained on PWFA vs ADA differences Training includes real-life scenarios
Documentation & Recordkeeping Accommodation requests documented Decisions and rationale recorded Medical info kept confidential and separate Records retained per policy
Communication & Employee Awareness Employees informed of rights under PWFA Posters displayed (if required) Open communication encouraged
Enforcement Awareness Enforcement by the Equal Employment Opportunity Commission (EEOC) Process in place to respond to complaints or charges EEOC complaints rise each year
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