June 16, 2026
By Harini Srinivasan
As the Pregnant Workers Fairness Act (PWFA) approaches its third anniversary, it stands out as one of the few workplace protections to maintain bipartisan support despite shifting political priorities. Even as the Equal Employment Opportunity Commission (EEOC) recalibrates its broader agenda, pregnancy protections remain a clear, sustained focus.
Understanding why the PWFA has endured—and how it operates alongside longstanding protections like the Pregnancy Discrimination Act (PDA)—is essential for employers and workers navigating today’s workplace.
Why Pregnancy Protections Matter
Pregnancy is not a marginal workplace issue; it is a defining feature of the modern labor force. Recent analysis from the National Partnership for Women & Families estimates that roughly 2.8 million pregnant workers are affected, and that more than 72% of pregnant women worked during the year they were pregnant as of 2023.
Most of these workers remain on the job late into pregnancy. Pew Research Center shows that about 82% of pregnant workers continue working within one month of childbirth, a dramatic shift from decades gone by when most left work far earlier.
This reality exists alongside a major structural gap: the United States still does not provide universal federal paid parental leave. As a result, workplace accommodations often determine whether workers can maintain income, health insurance, and job security during pregnancy.
Research from Work Family Researchers Network and American College of Obstetricians & Gynecologists underscores the stakes. Denials of accommodations or exposure to workplace stressors can contribute to negative health outcomes, including increased risk of complications such as preterm birth or gestational conditions. At the same time, medical guidance makes clear that appropriate accommodations can enable most individuals to work safely throughout pregnancy.
In this context, failure to provide accommodations is rarely a neutral omission; it can create legal exposure and practical barriers to continued employment.
The Legal Framework: PWFA and PDA
The PWFA, which took effect June 27, 2023, requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship.
These accommodations are typically modest: a stool to sit on, additional water breaks, temporary lifting restrictions, or schedule adjustments. What makes the law transformative is its framework. Workers are no longer required to prove disability status or identify similarly situated employees who received accommodations. Instead, the focus is on what is reasonably needed for continued employment.
The PWFA marks a critical evolution from the Pregnancy Discrimination Act of 1978. The PDA prohibits discrimination—ensuring pregnant workers are not treated worse than others—but does not independently require accommodations. Historically, this created gaps: courts often required workers to show that comparable non-pregnant employees had been accommodated before relief could be granted.
The PWFA closes that gap.
- PDA: prohibits unequal treatment
- PWFA: requires affirmative support
Together, they form a complementary system—one preventing harm, the other enabling continued participation in the workforce.
PWFA vs. PDA — Key Differences at a Glance
This comparison highlights the fundamental distinctions between the PWFA and the PDA. Understanding how these laws differ, and where they overlap, is essential for effective compliance.
| Topic | Pregnancy Discrimination Act (PDA) | Pregnant Workers Fairness Act (PWFA) |
| Law Type | Anti-discrimination law (equal treatment) | Accommodation law (proactive support) |
| Passed | 1978 | Enacted 2022; effective 2023 |
| Core Focus | Prohibits discrimination based on pregnancy, childbirth, or related conditions | Requires reasonable workplace accommodations for limitations related to, affected by, or arising out of pregnancy, childbirth, or related conditions. |
| Who Is Covered | Employees and job applicants | Employees and job applicants |
| Employer Obligation | Treat pregnant workers the same as other employees with similar abilities or limitations | Provide reasonable accommodations unless doing so causes undue hardship |
| Illustrative Examples | Cannot fire or demote someone because of pregnancy; must offer the same benefits provided to other temporarily disabled employees | Must consider requests such as additional breaks, modified duties, seating, remote work, or schedule adjustments |
How the PWFA and PDA Work Together
The PWFA does not replace the PDA. Instead, the two laws operate together to create a more comprehensive framework of protections for pregnant workers.
The PDA, an amendment to Title VII of the Civil Rights Act, remains the cornerstone anti-discrimination law. It ensures that pregnancy cannot be used as a basis for adverse employment actions such as firing, demotion, or denial of benefits.
The PWFA builds on this foundation by adding an affirmative obligation: employers must provide reasonable accommodations that enable pregnant workers to continue performing their jobs safely. This shifts the legal standard from passive equality to active support.
Both laws are enforced by the EEOC, and a single workplace scenario can implicate both. For example, denying a requested accommodation without adequate consideration may raise PWFA issues. Disciplining, terminating, or refusing to hire someone because of pregnancy, childbirth, or related medical conditions may raise PDA issues. Retaliating against a worker for requesting or using a PWFA accommodation can also violate the PWFA and/or Title VII.
Together, the PDA and PWFA close longstanding gaps ensuring not only fair treatment for pregnant workers, but also their ability to remain in the workforce.
Conclusion
Three years after enactment, the Pregnant Workers Fairness Act has reshaped workplace expectations in a fundamental way.
By requiring reasonable accommodations, the PWFA allows millions of workers to maintain economic stability during pregnancy while protecting their health. In tandem with the Pregnancy Discrimination Act, it closes longstanding gaps that once forced workers to choose between their livelihoods and their well-being.