On June 27, 2023, the new federal Pregnant Workers Fairness Act (PWFA) will take effect. This new law applies to all public- and private-sector employers with fifteen or more employees. The PWFA mandates that employers must provide reasonable accommodations to pregnant workers, in the same manner as those provided under the Americans with Disabilities Act (ADA). Under existing ADA requirements, pregnancy itself is not a disability, and a pregnant employee is not entitled to any workplace accommodation unless the employee suffers from a pregnancy-related disability. Under the new PWFA, employers must offer pregnant employees reasonable accommodations for any limitation related to pregnancy, childbirth, or related medical conditions unless the employer can demonstrate that such an accommodation would pose an undue hardship to the employer. For a qualified employee under the PWFA, examples of reasonable accommodations may include additional break times to eat or rest, additional opportunities to use the bathroom, the opportunity to eat and drink water while on the job, closer parking spaces, and being excused from strenuous or dangerous activities. If you have questions about employers’ responsibilities toward pregnant employees under the new federal PWFA, our attorneys are here to help.