HR trends shaping the future of work in 2025
Ethics and compliance
Effective June 27: the Pregnant Workers Fairness Act (PWFA) expands the right to workplace accommodations for pregnant employees.
Employees who are pregnant or have related medical conditions now have new protections under a federal law, the Pregnant Workers Fairness Act (PWFA), starting June 27, 2023. Under the PWFA, employers with at least 15 employees are required to provide reasonable accommodations — such as more frequent breaks and no heavy lifting — to employees who have known limitations due to pregnancy, childbirth or related medical conditions, unless the employer can show that the accommodation causes undue hardship for the business.
The terms ‘reasonable accommodations’ and ‘undue hardship’ should be familiar to HR practitioners and managers who handle accommodation requests under the Americans with Disabilities Act (ADA) or state laws. Reasonable accommodation refers to making adjustments, changes or modifications to a job or work environment. Undue hardship is an action that would create a significant expense or difficulty for the employer.
Employers who must comply with the PWFA should update relevant policies, processes and procedures, and train HR professionals and managers on their responsibilities to properly handle reasonable accommodations, avoid discrimination and bias and ensure an inclusive work environment.
As a best practice, managers who receive requests for an accommodation from a pregnant employee should reach out to the organization’s designated compliance person, who will be familiar with any legal requirements and can help determine whether a request is reasonable.
Reasonable accommodations might include:
Under the new law, employers cannot:
On its website, the Equal Employment Opportunity Commission (EEOC) answers questions about the PWFA and other federal laws that may apply to pregnant workers. The agency will also make its draft PWFA regulations available for public comment before they are finalized.
Effective June 27, the Pregnancy Workers Fairness Act guarantees a right to reasonable accommodations to qualified employees with limitations due to pregnancy, childbirth and related medical conditions. HR leaders should move quickly to review and update policies, processes and handbooks that cover job-related accommodations, and schedule training for HR staff and frontline managers and supervisors on how to recognize and respond to reasonable accommodation requests, avoid retaliation and ensure a compliant and inclusive workplace.
Are your managers prepared to handle different types of requests for accommodations due to medical conditions or disabilities? Sign up for a free trial of Handling Reasonable Accommodations in the Workplace.