PWFA Accommodation Checker
Walk through a pregnancy-related accommodation request under the Pregnant Workers Fairness Act.
Reviewed by theComplianceToolsLibrary Editorial Team · Last updated
Key facts
- Covered employers
- Employers with 15 or more employees
- Who's protected
- Workers with known limitations related to pregnancy, childbirth, or related medical conditions
- Core duty
- Reasonable accommodation through the interactive process, absent undue hardship
- Enforced by
- The EEOC (effective June 27, 2023)
What is the Pregnant Workers Fairness Act?
The Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, requires covered employers (15+ employees) to provide reasonable accommodations to a worker's known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause an undue hardship. It is enforced by the EEOC.
Like the ADA, the PWFA relies on an interactive process — but it is broader for pregnancy: an employee need not have a disability, and accommodations can include temporarily suspending essential functions. Examples include additional breaks, schedule changes, seating, light duty, or time off. Employers generally may not require unnecessary documentation or force leave when another accommodation would work.
How to use this tool
- 1
Confirm coverage
Check whether the employer has 15 or more employees.
- 2
Identify the limitation
Note the known limitation related to pregnancy, childbirth, or a related condition.
- 3
Run the interactive process
Discuss possible accommodations in good faith with the employee.
- 4
Decide and document
Provide a reasonable accommodation unless it causes undue hardship, and record the outcome.
Common mistakes to avoid
- Assuming the ADA's disability standard applies — the PWFA is broader for pregnancy.
- Forcing the employee onto leave when another accommodation would work.
- Demanding unnecessary medical documentation.
- Skipping the interactive process and denying the request outright.
What to do next
- Engage in the interactive process promptly and in good faith.
- Document the limitation, options discussed, and the decision.
- Coordinate with ADA and FMLA where they also apply.
- Train managers to route pregnancy-related requests to HR.
Sources
Frequently asked questions
Which employers must comply with the PWFA?
Employers with 15 or more employees, the same coverage threshold as Title VII and the ADA.
Does an employee need a disability to be covered by the PWFA?
No. The PWFA covers known limitations related to pregnancy, childbirth, or related conditions, even if they aren't ADA disabilities.
What accommodations can the PWFA require?
Examples include extra breaks, schedule changes, seating, light duty, and time off — and even temporarily suspending essential functions, absent undue hardship.
Can an employer require the employee to take leave?
Not if another reasonable accommodation would let the employee keep working without undue hardship.
Related tools
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