Pregnant Workers Fairness Act
Since June 2023, the Pregnant Workers Fairness Act (PWFA) requires employers with 15 or more employees to make reasonable changes at work for limitations related to pregnancy, childbirth and related medical conditions. On a jobsite, that can mean the difference between keeping your job and being sent home.
- All workers
- Employers
What the law requires
- Reasonable accommodations for known limitations, unless the change would cause the employer undue hardship (significant difficulty or expense).
- Your employer can’t force you to take leave if another accommodation would let you keep working.
- Your employer can’t refuse to hire you, demote you or retaliate because you need or asked for an accommodation.
- You can get an accommodation even if you temporarily can’t do an essential part of the job, if it’s likely you’ll be able to again soon.
- It covers pregnancy, recovery from childbirth, miscarriage, lactation and related conditions. You don’t need a serious complication to qualify.
Examples on construction and industrial jobs
- Extra water and bathroom breaks, and access to a clean restroom
- A stool or seat for work you’d normally do standing
- Lifting limits, or help from a coworker for heavy materials
- Temporary reassignment away from ladders, scaffolds, roofs or work at heights
- Moving away from lead, solvents, other chemicals or heat
- Larger or adjusted PPE and work clothes that fit
- Schedule changes or time off for prenatal appointments
- Light duty or a different task for a few months
- Time and a private space to pump breast milk after the baby is born
Fall protection and pregnancy: Many harness makers say their harnesses aren’t designed for use during pregnancy, because a fall arrest can put force on the abdomen. Talk to your doctor and ask for work that doesn’t need a harness.
How to ask
- Tell your supervisor or HR what you need. You can ask out loud, but putting it in a text or email makes a record.
- You don’t have to use the words “PWFA” or “accommodation.” Saying “I’m pregnant and need to stop climbing ladders” is enough.
- Your employer may ask for reasonable documentation in some situations, but not for simple needs like more water, bathroom or snack breaks, or a chance to sit or stand.
- Your employer should talk with you about options. Suggest what would work.
- Keep notes: dates, who you talked to and what they said.
Other laws that help
- Pregnancy Discrimination Act (part of Title VII): you can’t be fired, refused hire or paid less because you’re pregnant.
- PUMP Act: most workers get break time and a private place (not a bathroom) to pump for up to one year after birth.
- FMLA and state leave laws: job-protected leave for pregnancy, birth and bonding. See Family, Medical & Sick Leave.
- State laws: many states have their own pregnancy accommodation laws, some covering smaller employers.
If you’re refused or punished
File a charge with the EEOC (or your state fair employment agency). The deadline is usually 180 days from the refusal, or 300 days in states with their own agency. See Discrimination & Harassment and Where to Get Help.
Standards & references
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