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Compliance and LegalJune 29, 20232 min read

Workplace Inclusion: Pregnant Workers Fairness Act

Understand key Pregnant Workers Fairness Act requirements and how employers can improve accommodation workflows and compliance.

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What the PWFA is and why it matters

As of June 27, 2023, the Pregnant Workers Fairness Act (PWFA) took effect. The law strengthens protections for workers with limitations related to pregnancy, childbirth, or related medical conditions and supports their right to reasonable accommodation in the workplace.

For employers, the practical takeaway is straightforward: accommodation decisions should be anchored to the job. Clear essential functions and specific physical demand requirements help organizations make consistent, defensible decisions while building a more inclusive workplace.

What the PWFA requires from employers

The PWFA requires covered employers to provide reasonable accommodations for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause an undue hardship.

This law complements existing federal protections, including those under Title VII, and it reinforces a consistent expectation: employers should engage in a good-faith, interactive process and evaluate accommodations based on what the job requires, not on assumptions about a condition.

How Job Function Matching supports consistent accommodations

At DSI Work Solutions, we focus on helping companies hold all workers to the same standard: the standard of the job. The Job Function Matching system supports that approach by helping organizations identify essential functions and document the physical requirements needed to perform them safely.

For expectant employees, this job clarity can support practical adjustments while keeping the focus on safe performance. It also supports employers in evaluating whether an accommodation is effective and whether it introduces undue hardship, because the baseline job requirements are defined objectively.

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Practical next steps for employers

With the PWFA in effect, it is a good time to revisit workplace policies and practices:

  • Ensure essential functions are documented with specific physical demands, not generic statements.
  • Confirm there is a clear accommodation workflow, including documentation and periodic review.
  • Train supervisors and HR to respond consistently and to escalate questions appropriately.

Conclusion

The PWFA reinforces an inclusive standard: employers should assess accommodation requests individually and tie decisions to the essential functions of the job. When job requirements are documented clearly, organizations can support workers more effectively and reduce compliance risk.

To learn how the Job Function Matching system can support PWFA accommodation decisions and broader workplace inclusion, visit our Job Function Matching page.

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