Question 1

What type of employers have to follow the PWFA?

Accepted Answer

Private employers with 15+ employees, federal/state/local employers, employment agencies, and labor organizations.

Question 2

What are some examples of reasonable accommodations?

Accepted Answer

• Sitting instead of standing 
• Extra breaks or restroom time 
• Light duty 
• Adjusted schedules for OB visits 
• Remote work 
• Snacks and hydration at workstations

Question 3

Do I have to talk to my employer to receive accommodations under PWFA?

Accepted Answer

Yes, similar to the ADA—employers and employees must discuss job functions and reasonable accommodations.

Question 4

Who is considered a qualified employee?

Accepted Answer

You are a qualified employee if you can currently perform essential functions with or without accommodations—or  if you will be able to do so in the near future if temporarily unable.

Question 5

What actions are illegal for an employer to take under PWFA?

Accepted Answer

•Failing to provide reasonable accommodations for known pregnancy-related limitations, unless it causes undue hardship.
• Forcing leave instead of accommodation
• Retaliation for requesting accommodation 
• Coercion or threats for using rights under the Act 
• Retaliation for requesting accommodation

Question 6

How is the PWFA reinforced?

Accepted Answer

Employees who prove their employer violated PWFA in court may be entitled to compensation and attorneys' fees. Employers are given the chance to prove they made a sincere effort to accommodate ("good faith" defense), but, in other cases, may be faced with punitive fees.

Question 7

What is 'undue hardship' to an employer?

Accepted Answer

If they're denying reasonable accommodation for 'undue hardship', the employer has to prove that the accommodation would cause significant difficulty or expense.

Question 8

What does “known limitation” mean?

Accepted Answer

A mental or physical condition related to pregnancy or childbirth that the employee tells the employer about—it does not need to qualify as a disability.

Know Your Rights

Laws Protecting Pregnant and Postpartum People

Need More Support or Information?