The omnibus spending package passed by Congress in December 2022 included a new civil rights law, the Pregnant Workers Fairness Act (PWFA). The PWFA applies to employers with 15 or more employees, including state and federal governments and agencies.

The PWFA requires employers to make reasonable accommodations for the known pregnancy-related limitations of employees unless doing so would impose an undue hardship. (“Reasonable accommodation” and “undue hardship” have the same meanings under the PWFA as they do under the Americans with Disabilities Act). The law also makes it unlawful for employers to:

• require a qualified employee affected by such condition to accept an accommodation without a discussion (often called the “interactive process”) between the employer and worker;
• deny employment opportunities to a qualified employee based on the worker’s need for a reasonable accommodations;
• require an employee to take paid or unpaid leave if another reasonable accommodation can be provided; or
• retaliate against an individual for requesting or using a reasonable accommodation or opposing unlawful discrimination.

These protections apply to both applicants and employees affected by pregnancy, childbirth, or related medical conditions who can perform the essential functions of the employment position with or without reasonable accommodation. Even an individual who cannot currently perform an essential function may still be considered a qualified employee under the PWFA if:

• any...

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