The Pregnant Workers Fairness Act (PWFA, H.R. 1065/S. 1486), which passed the House of Representatives in May 2021 with a vote of 315-101 and out of the Senate HELP Committee in September with a strong bipartisan vote of 19-2, is the product of extensive negotiations between advocates for previous versions of the bill and the U.S. Chamber of Commerce. The bill would provide pregnant employees with critical workplace protections while also making sure employers have the flexibility and clarity on how to provide those workers with the maximum opportunity to remain in their workplaces.

• U.S. Chamber Applauds Reintroduction of the Pregnant Workers Fairness Act

• The PWFA Relies on Familiar Processes from the Americans with Disabilities Act. PWFA uses the interactive process from the Americans with Disabilities Act (ADA) for determining what accommodation is appropriate when a pregnant employee is limited in the performance of her essential functions.
• The Employee Must Inform the Employer When She needs an Accommodation. The employer’s obligation to engage in the interactive process is triggered when the employee, or her representative, informs the employer that because she is pregnant, she is unable to perform all the essential functions of her job and needs an accommodation. This definition of a "known limitation" ensures employers are properly on notice that an accommodation is needed and the specific nature of the accommodation.
• The Employee Must Be Qualified for Any...

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