To help employers prepare for changes under the Pregnant Workers Fairness Act (PWFA), the Equal Employment Opportunity Commission (EEOC) has issued frequently asked questions and answers (FAQs) on its new protections for pregnant and nursing workers.
The PWFA, which went into effect on June 27, 2023, amends the Americans with Disabilities Act (ADA) to require reasonable accommodations for a qualified individual’s limitations related to pregnancy, childbirth or related medical conditions.
The EEOC’s FAQs, part of its “What You Should Know” series of guidance, include a general overview of the PWFA and notes that the EEOC will issue proposed regulations to implement the new requirements.
This Compliance Overview provides the EEOC’s FAQs.
PWFA Overview
New ADA Protections
The PWFA requires reasonable accommodations under the ADA for workers affected by pregnancy and related conditions.
PWFA Effective Date
The PWFA went into effect on June 27, 2023. The EEOC has begun accepting PWFA charges for acts that occur on or after that date.
Current Protections
The ADA or other laws may already require accommodations.
PWFA Coverage
Protected Individuals
The PWFA protects employees and applicants who work for a covered employer and have known limitations related to pregnancy, childbirth or related medical conditions.
Covered Employers
Covered employers include private and public sector employers with at least 15 employees, Congress, federal agencies, employment agencies and labor organizations.
Links and Resources
- EEOC’s “What You Should Know About the Pregnant Worker Fairness Act” FAQs
- EEOC’s list of available topics covered in its “What You Should Know” guidance series
- EEOC’s Laws and Guidance webpage, which lists the laws the EEOC enforces and provides links to the EEOC’s guidance on each law.
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