While the Pregnant Workers Fairness Act (PWFA) went into effect in 2023, the final regulation wasn’t issued until April 15, 2024. By now, all employers should be in full compliance with the PWFA’s provisions. To learn more about what to expect from this anti-discrimination law, read on.

What Is the PWFA? 

The goal of the PWFA is to eliminate pregnancy-related discrimination in the workplace. Additionally, this law ensures workers are given accommodations for pregnancy-related complications. This includes any complications brought on by fertility treatments, miscarriages, childbirth, pregnancy, and preexisting conditions that are worsened by pregnancy. 

As an employer, you must follow PWFA if you have at least 15 employees. While it is technically possible to claim an undue hardship, there can be severe penalties if the Equal Employment Opportunity Commission (EEOC) decides to investigate a PWFA complaint. If you do reject accommodations on the basis of an undue hardship, you must document your decision with care and diligence. 

The History of the PWFA

The PWFA is essentially designed to bridge gaps in the laws and court cases that came before it. In the following list, you’ll see some of the Supreme Court decisions and laws that spurred the creation of the PWFA. 

• Muller v. Oregon: In a 1908 case before the Supreme Court, the court decided that Oregon could limit a woman’s work hours. 
• Title VII of the 1964 Civil Rights Act: This law outlawed discrimination based on someone’s sex. It essentially overturned previous protective laws, such as the 1908 case, and removed restrictions on where women could work.
• Pregnancy Discrimination Act (PDA): GE refused to pay pregnant women disability pay in a 1976 case. The Supreme Court supported GE’s decision because it said that not all women become pregnant, so it wasn’t a discrimination issue. In response, Congress quickly passed the PDA in 1978. This law made pregnancy a protected class.
• Americans with Disabilities Act (ADA): In 1990, the ADA was passed to protect disabled workers. Under the law, employers had to provide reasonable accommodations to disabled workers who were able to complete their essential job duties.

Unfortunately, the ADA and PDA still did not prevent every case of pregnancy-related discrimination. For example, PDA cases were typically decided in the employer’s favor. The PDA also doesn’t involve any accommodations. In comparison, the ADA simply didn’t apply. The ADA would normally provide workplace accommodations for employees, but the ADA doesn’t consider pregnancy to be a disability. Because of these many flaws, the PWFA was created. 

What Are Some Pregnancy-Related Limitations That Must Be Accommodated?

The PWFA goes beyond the ADA in accommodating medical conditions. While the ADA says that workers must be able to perform the job’s essential functions, PWFA doesn’t include this requirement. As long as the inability to perform essential functions is temporary, the worker can be accommodated and keep their job. 

To get an idea about the types of accommodations that are required under the PWFA, check out some common examples. 

• Coming in late to work because of a bout with morning sickness. 
• Getting a stool to sit on to relieve swollen feet. 
• Working from home to reduce the physical strain of public transportation.
• Dimmed lights in the worker’s office for pregnancy-related migraines. 
• Changed work hours to accommodate extra doctor’s appointments. 
• Light work duty while the worker recovers from a C-section. 

The employee doesn’t have to get a doctor’s note to receive accommodations. Additionally, the employee doesn’t have to request any accommodations. If you hear that a worker is pregnant or experiencing pregnancy-related issues, your company has a duty to follow up with the worker and ask them if there are ways you can make their work life easier. 

Types of Accommodations Your Business Must Make

Besides making the requested accommodations, you are legally expected to make a few adjustments automatically. For instance, you are expected to modify your workplace policies so that the worker can drink water and eat snacks more regularly. Likewise, you should give the employee more bathroom breaks and provide them with the option of standing or sitting. 

How Do You Know If You Must Make Accommodations?

Under the new law, employers are required to provide accommodations if they have 15 or more workers. The employee doesn’t have to ask for accommodations. If they merely mention a pregnancy-related health problem or you find out about it through another employee, you are required to offer accommodations. 

The accommodation process is supposed to be interactive. Because of this, you should always talk to the worker about the accommodations they need instead of making assumptions.

More importantly, you need to remember that any information you receive about an employee’s pregnancy-related illness counts as being informed about the condition. This guideline also applies to casual conversations. Once your company is aware that an employee might need extra assistance or support, you must talk to them and offer accommodations. 

Under the PWFA, it is unnecessary and inappropriate to complete any ADA or FMLA paperwork. The only exception is if the employee is the person asking to complete the paperwork. Instead of requiring forms and documentation, you should provide the worker with immediate accommodations. 

Any delay in accommodations is a violation of the act. If the employee complains about a delay, you could potentially face penalties. To reduce your legal exposure, the EEOC generally recommends providing interim accommodations while you evaluate what accommodations are genuinely needed.

What Are the Penalties for Not Complying With the PWFA?

If you violate the act, your organization may have to pay penalties. These penalties may include back pay, front pay, punitive damages, compensatory damages, reinstatement, and other types of damages. The cap on these penalties is based on your company’s size. 

• 15 to 100 workers: $50,000
• 101 to 200 workers: $100,000
• 201 to 500 workers: $200,000
• 500 or more workers: $300,000

Don’t Forget Your Posting Requirements

The EEOC has an updated “Know Your Rights” poster that includes PWFA information. This poster was released on the same day that the PWFA came into effect, so your business is likely already using it. If not, this is a good time to update it. 

Learn More About PWFA Compliance 

Even if you only have a few dozen employees, you are required to follow the PWFA’s guidelines. With the help of our HR professionals and compliance library, you can learn more about the ins and outs of the PWFA. For more information about how we can help with your HR compliance, reach out to our team of small business payroll and HR experts today.