The Pregnant Workers Fairness Act: What Counts as a Reasonable Accommodation
The PWFA requires accommodations for known limitations related to pregnancy and childbirth. Here's what employers must offer — and the new 'predictable assessments.'
By Nora Ellison · Senior HR Compliance Writer
Reviewed by theComplianceToolsLibrary Editorial Team · · 6 min read
The Pregnant Workers Fairness Act (PWFA) took effect in June 2023 and is enforced by the EEOC. It requires covered employers — those with 15 or more employees — to provide reasonable accommodations for the known limitations of a worker related to pregnancy, childbirth, or related medical conditions, absent undue hardship.
The PWFA fills a gap left by earlier laws: it covers limitations that aren't severe enough to be ADA disabilities, and it doesn't require the worker to be incapacitated — temporary or minor needs count.
Who and what is covered
The law protects employees and applicants with a "known limitation" — a physical or mental condition related to pregnancy, childbirth, or related medical conditions that the worker (or their representative) has communicated to the employer. Conditions can be modest, episodic, or temporary.
Common accommodations
The EEOC's final regulations identify many accommodations that are usually reasonable. Examples include:
- Additional restroom, water, or rest breaks.
- Permission to sit or stand as needed.
- Schedule changes, part-time hours, or paid or unpaid leave to recover from childbirth.
- Light duty or temporary suspension of certain physically demanding tasks.
The 'predictable assessments'
The EEOC singled out four simple modifications — carrying or keeping water nearby and drinking as needed, taking additional restroom breaks, sitting if the work requires standing (or standing if it requires sitting), and taking breaks to eat and drink — as accommodations that will virtually always be reasonable and rarely impose undue hardship. For these, an employer generally should not demand documentation or delay.
Documentation limits
An employer may seek supporting documentation only when reasonable under the circumstances. For the predictable assessments and other self-evident needs, requiring documentation is generally not reasonable.
Sources
Frequently asked questions
How is the PWFA different from the ADA?
The PWFA covers limitations related to pregnancy and childbirth even when they don't rise to the level of an ADA disability, and it expressly allows temporary suspension of essential functions in some cases. The ADA covers disabilities more broadly but sets a higher bar for what qualifies.
What are the PWFA 'predictable assessments'?
Four accommodations the EEOC says will virtually always be reasonable: keeping water nearby and drinking as needed, additional restroom breaks, sitting or standing as needed, and breaks to eat and drink.
Can we require a doctor's note for every PWFA request?
No. Documentation may be requested only when reasonable. For obvious needs and the predictable assessments, requiring documentation generally is not reasonable.