Overview Of PFWA’s Requirements

9/24/2025

The PWFA is designed to ensure equal opportunity in the application process and to enable pregnant workers with known limitations to perform a position's essential functions. In other words, to enjoy the same benefits and privileges of employment as other workers.  Further, the PWFA, like Title VII and other federal civil rights laws, bans retaliation against workers who oppose unlawful practices, make a charge, or participate in an investigation.  Like the ADA, PWFA also makes it illegal to "coerce, intimidate, threaten, or interfere" with anyone who uses their PWFA rights or who aids or encourages someone else to do so.  Following is a summary of PWFA requirements and prohibitions.  Organizations Affected Under The PWFA The PWFA applies to:

• Private-sector employers with 15 or more employees
• State and local government employers with 15 or more employees
• The federal government as an employer
• Unions
• Employment agencies

Major requirements:

• Employers must make reasonable accommodations to a worker's known limitations related to pregnancy, childbirth, or a related medical condition, unless the employer can demonstrate undue hardship

Major prohibitions:

• No discrimination, harassment, or retaliation against workers asking for accommodations
• Cannot require worker to take paid or unpaid leave if another reasonable accommodation is available

How PWFA is similar to:

• ADA: Coverage, enforcement, reasonable accommodations, essential functions, interactive process, undue hardship, confidentiality, no discrimination/retaliation
• PDA: Coverage, enforcement, no discrimination/retaliation
• FMLA: Prenatal visits, leave for pregnancy, childbirth, and related serious health condition, no discrimination/retaliation
• PUMP Act: Lactation breaks, private, sanitary facilities, no discrimination/retaliation

How PWFA is different from:

• ADA: Worker temporarily unable to do essential functions can still be qualified and entitled to reasonable accommodation
• PDA: Accommodations must be made for pregnant workers, even if employer does not provide benefits for other workers
• FMLA: Applicants covered; employer cannot insist that worker/physician use particular documentation
• PUMP Act: Nursing also covered; no limit on age of baby

More Info / Suggested Training Courses:

• The Pregnant Workers Fairness Act Training & Certification Program