The full text of the Pregnant Workers Fairness Act (PWFA) is available here.
1. What is the PWFA?
The PWFA, signed into law on December 29, 2022, requires employing offices in the legislative branch to provide “reasonable accommodations” to a covered employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause the employing office an “undue hardship.”
2. Who is covered by the PWFA?
The PWFA applies to all employing offices in the legislative branch, and protects all “covered employees” as defined by the Congressional Accountability Act (CAA), including applicants and unpaid staff.
3. What does the PWFA prohibit?
Employing offices in the legislative branch cannot:
- Require an employee to accept an accommodation without a discussion about the accommodation between the employee and the employing office.
- Deny employment opportunities to an employee based on the employee’s need for a reasonable accommodation.
- Require an employee to take leave if another reasonable accommodation can be provided that would let the employee keep working.
- Retaliate against an employee for exercising PWFA rights.
- Interfere with any individual’s rights under the PWFA.
4. What are some examples of reasonable accommodations for pregnant workers?
The House Committee on Education and Labor Report on the PWFA (H. Rep. No. 117-27) provides several examples of potential reasonable accommodations, including the ability to sit or drink water; closer parking; flexible hours; appropriately sized uniforms and safety apparel; additional break time; leave or time off to recover from childbirth; and being excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.
Employing offices are required to provide reasonable accommodations unless doing so would cause an “undue hardship” on the employing office’s operations. An “undue hardship” is a significant difficulty or expense for the employing office.
5. What other federal laws may apply to pregnant employees in the legislative branch?
The PWFA applies only to accommodations. The CAA currently provides additional protections for covered employees on the basis of pregnancy, childbirth, or related medical conditions. These existing protections include:
- Prohibiting discrimination based on pregnancy, childbirth, or related medical conditions.
- Prohibiting discrimination based on disability, and requiring covered employing offices to provide reasonable accommodations to employees with disabilities. While pregnancy is not a disability under the law, some pregnancy-related conditions may constitute disabilities.
- Providing employees with unpaid, job-protected leave for certain family and medical reasons.
- Prohibiting requesting, obtaining, or disclosing employees’ genetic information (including genetic tests) or basing an employment decision on such information.
- Ensuring that pregnant employees are protected from occupational safety and health hazards that may be especially harmful to them or their developing fetuses.
6. When does the PWFA go into effect?
The PWFA went into effect on June 27, 2023. For the PWFA to apply, the alleged violation must have occurred on June 27, 2023, or later.
7. How do I file a PWFA claim?
CAA procedures for adjudicating employment discrimination claims in the legislative branch will also apply to adjudicating claims under the PWFA. Confidential advising to discuss potential claims under the PWFA, or any possible claim under the CAA, is also available.
Additional Resources
OCWR Office of the General Counsel’s Brown Bag on New Protections for Pregnant and Nursing Employees