Accessibility Tools

Skip to main content

Pregnant Workers Fairness Act Is in Effect, and Also Requires Reasonable Accommodation

Written on .

The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023.  The expanded rights for pregnant individuals will be similar to those qualified individuals with disabilities under the ADA.  Under the PWFA, such individuals only have to show that they require reasonable accommodation due to a physical or mental condition related to pregnancy/childbirth or a related condition.  The PWFA also does not allow an employer to require a qualified individual to accept accommodation other than one arrived at through the interactive process, nor require a qualified individual to take leave if another reasonable accommodation can meet the individual's needs.

Editor's Note: This is another area in which an employer's handbook and/or equal employment policies would likely need modification.  Employers may also consider having separate forms or places on forms in which employees request accommodations for ADA, religion, or for pregnancy-related issues.  In any event, employers must be aware that the concept of "undue hardship" varies somewhat between accommodations for religious, pregnancy or ADA purposes.

This article is part of our August 2023 Newsletter.

View newsletter online

Download the newsletter as a PDF

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.
Palmyra, Syria
On Thursday, June 25, 2026, the Supreme Court ruled that federal courts cannot review any determination of the Secretary of Homeland Securi…
thermometer
Although there is no federal Occupational Safety and Health Administration (OSHA) heat rule, OSHA still issues heat citations under its Gen…
Marijuana
On April 23, 2026, a final Order was issued reclassifying FDA-approved medications that contain marijuana authorized pursuant to a state an…
white house lawn
There has been a lot of confusion about the 2026 filing of EEO-1 reports, also known as Standard Form 100.  According to a notice of an EEO…
ai robot, table
In last month’s newsletter, we discussed a federal case from New York which held that an individual’s artificial intelligence-generated doc…
ai visualization
Employers are struggling with how to handle trans-sexual employees who choose to use the bathroom of their gender choice, rather than their…