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Pregnant Workers Fairness Act: What small businesses need to know

The Pregnant Workers Fairness Act (PWFA) went into effect on June 18, 2024. The new law requires employers to provide reasonable accommodations for pregnant employees. Many small firms have questions about how the new law may impact their business and their workforce. Read on to learn about this new law.

Impact on small businesses

The PWFA applies to all businesses with 15 or more employees. It requires employers to accommodate a worker’s known limitations related to pregnancy, childbirth or other related medical conditions unless it causes the employer undue hardship. Many pregnant employees will need accommodations either for pregnancy symptoms or to avoid hazards at work. Once an employee discloses their pregnancy and any resulting limitations, the employer and employee should communicate about any needed changes. Most accommodations can be granted by an employer, and easily made accommodations should be granted quickly. An accommodation would only qualify as an undue hardship if it would cause significant difficulty or cost for a business.

Accommodations

There are a variety of accommodations to consider when an employee is pregnant. Only some may be necessary and can vary widely depending on the employee’s needs and job duties. Some possible accommodations that employers can provide include:

  • Leave for healthcare appointments
  • Light duty or help with manual labor
  • Leave to recover from childbirth
  • Additional, longer or more flexible breaks for rest, eating or using the restroom
  • Changing equipment or workstations such as providing a stool to sit on 
  • Changing a uniform or dress code 
  • Changing a work schedule such as a later start time or shorter hours

NOTE: Failure to provide accommodations that do not cause the employer undue hardship can result in legal consequences. Claims against employers are initiated by the employee filing a complaint with the Equal Employment Opportunity Commission (EEOC), which can lead to court action and damages.

Learn more

The PWFA is administered and enforced by the EEOC. To learn more, read their summary of the law’s key provisions and additional guidance.