Currently, pregnant employees may or may not be entitled to protection under the Americans with Disabilities Act (“ADA”), which applies a standard disabilities test. However, starting on June 27, 2023, employees can rely on the Pregnant Workers Fairness Act (“PWFA”), regardless of ADA application. If you are an employer with 15 or more employees, the PWFA may apply to you. Provisions of the Act include:

  • Pregnancy and childbirth related medical conditions are now protected from discrimination, regardless of the ADA classification of disability


  • The employee/employee’s representative must inform the employer of their known limitations related to the pregnancy/childbirth for the protection to apply


  • Employer must make a good faith effort to engage in the interactive process to make reasonable accommodations and attempts to provide a reasonable accommodation



If you have any questions regarding how the PWFA might affect your business, we can help.