Pregnant Workers Fairness Act Implementation:
Effective June 27, 2023, the Pregnant Workers Fairness Act requires employers with 15 or more employees to provide reasonable accommodations for workers affected by pregnancy, childbirth, or related medical conditions, unless it imposes an undue hardship on the business. Employers must ensure their policies and practices comply with this mandate to avoid potential discrimination claims.
What HR Professionals Need to Know:
The Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023, is a game-changing law requiring employers to provide reasonable accommodations to workers affected by pregnancy, childbirth, or related medical conditions. While many HR professionals are familiar with existing pregnancy discrimination protections under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA), the PWFA expands these rights by explicitly requiring proactive accommodations, even if a worker’s condition is not considered a disability.
With the law now fully enforceable, HR professionals must take specific actions to ensure compliance, protect their organizations from liability, and foster an inclusive work environment.
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Offer adjustments to job duties, work schedules, or environments unless doing so would create an undue hardship for the employer.
Common reasonable accommodations include:
More frequent breaks (bathroom, water, or rest breaks)
Temporary reassignment of duties that require heavy lifting
Remote work or modified schedules to accommodate doctor visits or fatigue
Provision of seating for jobs that typically require prolonged standing
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Work collaboratively with employees to determine appropriate accommodations rather than making unilateral decisions.
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Employers cannot fire, discipline, or otherwise retaliate against workers requesting accommodations.
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Review job postings and employment policies. These must reflect the company’s commitment to the PWFA.
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The EEOC (Equal Employment Opportunity Commission) is actively investigating complaints under this law, making compliance essential for employers.
In today’s evolving regulatory landscape, organizations must establish strong internal reporting processes to address workplace concerns effectively. When employees feel uncertain about where to report issues—whether related to discrimination, harassment, ethics violations, or safety concerns—they are more likely to seek external channels such as the EEOC, OSHA, or media outlets. This can lead to costly legal battles, reputational damage, and loss of control over internal investigations.
To mitigate risk and foster a culture of transparency, HR professionals must prioritize internal reporting systems that employees trust and understand
