Pregnant Workers Fairness Act: Employer Guide

If your business has 15 or more employees, the Pregnant Workers Fairness Act (PWFA) applies to you. It took effect in June 2023, and the EEOC finalized its regulations in 2024. The law is already generating real litigation, and the rules are broader than most employers realize.

Here is the key takeaway up front: the PWFA is not just about maternity leave. It requires employers to provide reasonable accommodations for pregnancy, childbirth, and a wide range of related medical conditions. That includes morning sickness, lactation, fertility treatment, miscarriage, menstruation, and endometriosis. Employers who say "we'll figure it out when it comes up" are already at risk.

What the PWFA Actually Requires

The PWFA creates a standalone right to reasonable accommodations for workers affected by pregnancy, childbirth, or related medical conditions. Before the PWFA, pregnant workers had to rely on the Americans with Disabilities Act (ADA), which only covered pregnancy-related conditions that rose to the level of a disability. The PWFA fills that gap.

Under the PWFA, "related medical conditions" is defined broadly. The EEOC's final rule lists examples that go well beyond what many employers expect:

• Morning sickness and nausea
• Lactation (including the need to pump or nurse during the workday)
• Fertility treatments (IVF, medication side effects)
• Miscarriage and stillbirth (physical and mental health recovery)
• Menstruation (severe symptoms that affect work capacity)
• Endometriosis
• Postpartum depression
• Gestational diabetes

Reasonable accommodations might include modified work schedules, more frequent breaks, temporary reassignment to a less physically demanding role, permission to sit or stand as needed, or time off for medical appointments. The employer cannot simply default to placing the employee on unpaid leave when another accommodation would allow her to keep working.

Which Employers Are Covered

The PWFA applies to private employers with 15 or more employees. That threshold matches Title VII and the ADA. If you already comply with those laws, you are subject to the PWFA as well.

Because the PWFA is a federal law, it applies to private employers with 15 or more employees in every state. Some states add their own requirements on top of the federal baseline. For example, the Iowa Civil Rights Act covers employers with as few as four employees and imposes its own pregnancy accommodation obligations, meaning smaller Iowa businesses may still have duties even if they fall below the PWFA threshold. On the other hand, states without a separate pregnancy accommodation statute rely entirely on the federal PWFA. After a legal challenge in Texas, the Fifth Circuit confirmed in August 2025 that the PWFA applies to private employers there as well, resolving any doubt.

The Reasonable Accommodation Standard

The PWFA borrows its accommodation framework from the ADA, but with some important differences. Under the PWFA, an employer must provide a reasonable accommodation unless it would impose an "undue hardship" on the business.

What counts as a reasonable accommodation depends on the situation. Common examples include:

• Schedule adjustments for prenatal appointments or fertility treatments
• Additional breaks for rest, hydration, or lactation
• Temporary light duty or reassignment to a role that does not require heavy lifting
• Permission to sit during a shift that normally requires standing
• Telework when the employee's condition makes commuting difficult
• Modified dress code to accommodate pregnancy-related physical changes

One of the most important rules: an employer cannot force a pregnant worker to take leave if another reasonable accommodation exists that would let her keep working. Defaulting to unpaid leave is one of the most common PWFA violations the EEOC is pursuing.

The Interactive Process Requirement

The PWFA requires employers to engage in an "interactive process" with the employee. This is a good-faith conversation about what the employee needs and what the employer can provide. It is not optional.

Refusing to engage in the interactive process is itself a violation of the PWFA. Even if the employer ultimately determines that the requested accommodation would cause an undue hardship, the employer must still have the conversation first.

Here is what the interactive process should look like in practice:

Managers who dismiss requests, delay responses, or tell employees to "just deal with it" are creating liability for the business. Train your managers on this process before a request comes in, not after.

If you need help building an accommodation procedure, schedule a free consultation with our employment law team. We draft accommodation policies and train managers for employers.

What "Undue Hardship" Actually Means

The undue hardship defense is available under the PWFA, but the bar is high. An employer must show that the specific accommodation would cause "significant difficulty or expense" in light of the business's size, financial resources, and operations.

Small businesses can still raise this defense, but they must document why a particular accommodation is not feasible. Saying "it would be inconvenient" or "we've never done that before" is not enough. The EEOC will look at whether the employer explored alternatives and whether the cost or disruption is truly significant relative to the business's overall operations.

If you deny an accommodation request, document your reasoning in detail. Show that you considered the request, explored alternatives, and reached your conclusion based on specific operational facts. A business attorney can help you evaluate whether your rationale will hold up.

The Retaliation Prohibition

The PWFA prohibits retaliation against employees who request accommodations, file complaints, or participate in EEOC proceedings. Retaliation claims are the fastest-growing category of EEOC charges across all employment discrimination laws, and the PWFA is no exception.

Retaliation does not have to be a termination. It can include schedule changes that harm the employee, denial of a promotion, reduction in hours, reassignment to undesirable tasks, or a negative performance review that coincides suspiciously with an accommodation request.

The best protection against retaliation claims is thorough, contemporaneous documentation of performance issues and business decisions.

What You Should Do Now: A Practical Checklist

Compliance with the PWFA is not complicated, but it does require intentional steps. Here is what every employer with 15 or more employees should do:

• Update your employee handbook with a PWFA accommodation section (and any applicable state-law requirements)
• Create a written accommodation request procedure with contact info and response timeline
• Train managers on the interactive process and their obligation to respond promptly
• Document every accommodation discussion, including requests, conversations, and denial reasoning
• Review onboarding documents and leave policies to ensure pregnant workers are not automatically placed on unpaid leave
• Audit job descriptions so physical requirements are accurate and current

If you need a starting point, our Employer Guide template pack includes handbook language, accommodation request forms, and manager training outlines. Momentum Membership subscribers get these materials included in their membership.

Consequences of Non-Compliance

Employers who violate the PWFA face the same remedies as under Title VII. That means employees can file charges with the EEOC, pursue private lawsuits, and seek:

• Back pay for lost wages
• Compensatory damages for emotional distress
• Punitive damages if the employer's conduct was willful
• Attorney's fees (which often exceed the underlying damages)
• Injunctive relief (court orders requiring policy changes)

The litigation risk is real and growing. The EEOC has made PWFA enforcement a stated priority, and private attorneys are actively filing cases. The cost of defending an EEOC charge or lawsuit almost always exceeds the cost of proactive compliance.

How Surge Business Law Helps Employers Stay Compliant

Surge Business Law works with employers on employment law compliance. We help businesses at every stage, from hiring their first employee to managing complex accommodation requests.

Our employment law services include:

• Employee handbook review and drafting to ensure PWFA compliance
• Accommodation policy creation with step-by-step procedures for the interactive process
• Manager training guidance so your supervisors know how to handle requests
• Employer compliance consultations to evaluate your current policies and identify gaps

Our Momentum Membership gives you ongoing access to legal support, template updates, and compliance alerts so you are never caught off guard by a new regulation.

Frequently Asked Questions

Does the PWFA apply to small businesses?

The PWFA applies to private employers with 15 or more employees. If you have fewer than 15 employees, the federal PWFA does not apply, but some state laws may still require pregnancy accommodations. For instance, the Iowa Civil Rights Act covers employers with as few as four employees. Check whether your state has similar requirements.

What conditions does the PWFA cover besides pregnancy?

The PWFA covers pregnancy, childbirth, and related medical conditions. The EEOC's final rule includes morning sickness, lactation, fertility treatment, miscarriage, menstruation, endometriosis, postpartum depression, and gestational diabetes, among others.

Can I require a doctor's note before providing an accommodation?

In some cases, yes. However, for conditions that are obvious or well-known (like pregnancy itself), requiring documentation may be unnecessary and could delay the interactive process. The EEOC encourages employers to grant simple accommodations without requiring medical documentation.

What if the accommodation the employee requests is too expensive?

You may be able to claim undue hardship, but you must document why the specific accommodation is not feasible and explore alternative accommodations. Simply saying it costs too much is unlikely to be sufficient without detailed analysis.

Has any state successfully challenged the PWFA?

No. Texas challenged the law, but the Fifth Circuit reversed the lower court's ruling in August 2025 and confirmed that the PWFA applies to private employers. The law is in effect nationwide for employers with 15 or more employees.

How is the PWFA different from the ADA?

The ADA requires a qualifying disability before triggering accommodation obligations. The PWFA does not require the employee to have a disability. Any known limitation related to pregnancy, childbirth, or a related medical condition triggers the employer's duty to accommodate.