Attention Employees: Know Your Rights Under the Pregnant Workers Fairness Act (PWFA)
If you’re pregnant, recovering from childbirth, or dealing with related medical conditions, federal law protects your rights at work. The Pregnant Workers Fairness Act (PWFA), which became effective on June 27, 2023, requires employers to provide “reasonable accommodations” for employees dealing with pregnancy, childbirth, or related medical conditions. This law ensures that your health and rights are protected at work.
Unfortunately, some employers may still fail to follow these legal requirements. Here’s what you need to know and what to do if your rights are being violated.
What is the PWFA?
The PWFA is a federal law that requires covered employers (those with 15 or more employees) to provide reasonable accommodations to workers who have limitations due to pregnancy, childbirth, or related medical conditions.
The law fills a critical gap in workplace protections by building on the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964.
What Are Reasonable Accommodations?
A “reasonable accommodation” is any change in the work environment that enables you to perform your job despite pregnancy-related limitations. Examples of accommodations include:
• Allowing you to sit instead of stand.
• Providing additional bathroom breaks.
• Adjusting your work schedule or tasks.
• Offering light-duty work if you have physical restrictions.
• Providing time off for medical appointments or recovery.
Employers cannot:
1. Deny you accommodations unless it would create an undue hardship.
2. Retaliate against you for requesting accommodations.
3. Force you to take unpaid leave if accommodations could allow you to continue working.
What To Do If Your Employer Violates Your Rights
If your employer refuses to provide accommodations, retaliates against you for requesting them, or discriminates against you because of pregnancy or related conditions, you have the right to take legal action.
Key Legal Protections:
• Pregnant Workers Fairness Act (42 U.S.C. § 2000gg et seq.)
• Title VII of the Civil Rights Act (42 U.S.C. § 2000e(k))
• Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)
Additionally, the Equal Employment Opportunity Commission (EEOC) is tasked with enforcing the PWFA. You can file a charge with the EEOC within 300 days of the discriminatory act (or 180 days in some states).
Recent EEOC Guidance for Healthcare Providers
On December 18, 2024, the EEOC issued new guidance to healthcare providers on how they can assist pregnant employees in obtaining workplace accommodations under the PWFA. The guidance emphasizes the importance of clear medical documentation that explains how pregnancy-related limitations affect work and outlines necessary accommodations.
If your doctor has recommended workplace adjustments for your health or safety and your employer refuses to comply, this could be a clear violation of the law.
We’re here to help. At WorkRight Law, we’ve spent nearly two decades fighting for employees who face unfair treatment at work. If your employer is denying your rights under the PWFA or other workplace protections, we can help you:
• Understand your legal options.
• File a claim with the EEOC.
• Seek compensation for lost wages, emotional distress, and other damages.
Don’t let your employer’s unlawful actions go unchallenged. Let us fight for your rights and ensure you get the justice you deserve.
Remember: Time is of the essence. If you believe your rights have been violated, reach out to us before important deadlines pass. You don’t have to face this battle alone—WorkRight Law is here to stand by your side.
