Federal Employment: Pregnant Workers Fairness Act (PWFA)

Pregnant federal workers and applicants may face barriers to equal opportunity, career advancement, or even face discipline and termination – not because of any wrongdoing, but simply because they requested a safe and healthy work environment during pregnancy. The Pregnant Workers Fairness Act (PWFA) aims to prevent this by setting clear, enforceable obligations for all qualifying federal and private employers.

Put simply, the PWFA requires the federal government to provide reasonable workplace accommodations for limitations stemming from pregnancy, childbirth, or related medical conditions, unless doing so would cause undue hardship for the employer. The law establishes a fair framework so that no individual must choose between their career and their health, or their child’s health.

If you are a federal employee, veteran, or member of the military, experiencing challenges concerning pregnancy, accommodations, or are in fear of retaliation, the experienced federal employment attorneys at Capovilla & Williams are ready to help. Call 866-951-0466 or contact us online today for a free consultation.

What is the Pregnant Workers Fairness Act (PWFA)?

The PWFA is a federal law designed to ensure that pregnant and postpartum workers are not forced to choose between earning a paycheck and protecting their health. This law, which went into effect on June 27, 2023, covers most employers with 15 or more employees, including federal agencies, contractors, and private businesses.

Protected groups include:

• Federal employees, including military personnel in civilian or dual roles.
• Veterans working for agencies, contractors, or transitioning to civilian employment.
• Civilian applicants to federal positions.
• Private sector employees nationwide.

The law covers any condition related to, affected by, or arising out of pregnancy, childbirth, or a related medical condition. This includes:

• Current or past pregnancy
• Childbirth and recovery
• Miscarriage or stillbirth
• Postpartum depression
• Lactation
• Infertility or fertility treatment
• Menstruation
• High blood pressure, gestational diabetes, and edema
• Attending prenatal or postnatal appointments

The key principle behind this law is this: if you are a federal employee, veteran, or current military member and need a change at work because you are pregnant – or have a related medical condition – your employer must work with you to find a reasonable accommodation, so long as it doesn’t cause significant difficulty or expense (called “undue hardship”).

Why Was the PWFA Needed?

Before the PWFA, protection for pregnant or postpartum workers was sparse. The Pregnancy Discrimination Act made it illegal to fire or discriminate against someone for being pregnant, but didn’t require an employer to provide accommodations to them, and the Americans with Disabilities Act only applied if pregnancy caused a disability, which left many workers without recourse.

The PWFA bridges the gap by providing accommodations for typical pregnancy-related needs, like more restroom breaks, avoiding heavy lifting, or schedule adjustments, which are required by law. As such, eligible employees have recourse if employers fail to comply.

Understanding Reasonable Accommodations Under the PWFA

According to the PWFA, a reasonable accommodation is a temporary or permanent change to the way a job is done, when needed for pregnancy, childbirth, or related conditions, unless the employer can demonstrate that doing so would be significantly difficult or costly – a concept called “undue hardship.”

Examples of reasonable accommodations include:

• More frequent or longer breaks for bathroom, hydration, or rest.
• Permission to sit when the job typically requires standing, or vice versa.
• Relief from heavy lifting or physically strenuous tasks.
• Flexible or reduced schedules, including changes to start or end times.
• Remote work, modified job duties, or temporary transfer if available.
• Allowing leave for pregnancy-related medical appointments.
• Private space and time for expressing breast milk.
• Leave or job protection for recovery from childbirth or pregnancy loss.

Federal employers must engage in a good-faith, interactive process with you to identify an effective accommodation. They cannot force you into a solution that doesn’t meet your needs without discussion.

How Are Requests for an Accommodation Under the PWFA Made and Processed?

When a federal employee needs a workplace adjustment due to pregnancy, childbirth, or related medical conditions, the process looks as follows:

• Notifying the Employer: A federal employee initiates an accommodation request – either verbally or in writing – with their supervisor, human resources representative, or the agency’s employment or Equal Employment Opportunity (EEO) office. No special language or form is required to start this process.

• Engaging in the “Interactive Process”: The federal agency must participate in a good-faith, back-and-forth conversation with the employee to explore and identify an effective accommodation. This discussion should be documented and consider both the employee’s specific needs and the agency’s resources or constraints.

• Decision and Follow-Through: After the interactive process, the agency must inform the employee of its decision. If the accommodation is approved, implementation should be timely. If denied, the agency must provide specific, documented reasons for the decision. Agencies may request limited medical documentation if necessary, but cannot introduce unnecessary paperwork or unreasonable obstacles.

The federal government’s “interactive process” is a cooperative, ongoing dialogue between the employee and agency, aimed at identifying and implementing reasonable accommodations efficiently and fairly. It relies on clear communication, confidentiality, prompt responses, and careful record keeping.

What Accommodations Must Not Be Forced on You?

Under the PWFA, federal employers must never force certain actions or “accommodations” on pregnant or postpartum employees seeking support. The law safeguards an employee’s right to remain productive and engaged at work, without settlement for unwanted or inappropriate alternatives.

• Mandatory Leave: Federal agencies cannot force an employee to take paid or unpaid leave (medical or otherwise) if there is a reasonable accommodation available that would let the employee continue working. Leave should only be a last resort.

• Unilateral Solutions: Agencies are not allowed to impose an accommodation that the employee did not request or agree to, without first engaging in the interactive process. The employee must have meaningful input and cannot be pushed into a solution that wasn’t arrived at collaboratively.

• Job or Duty Restrictions Based on Assumptions: An employer cannot prohibit an employee from applying for a new job, promotion, or assignment solely because of her pregnancy or related accommodation needs. Decisions like these must be based on individualized assessments, not stereotypes or blanket policies.

• Retaliation or Discipline: It is strictly prohibited to retaliate against employees for requesting or using a reasonable accommodation, or for reporting violations of their PWFA rights. Any form of demotion, discipline, or denial of opportunities because of an accommodation request is unlawful.

• Excessive Documentation or Delays: Requiring unnecessary, repeated, or overly burdensome medical documentation, especially for straightforward accommodation requests, or creating bureaucratic delays is not allowed.

• Ineffective or Substitute Accommodations: Agencies may suggest alternative accommodations during the interactive process, but cannot force a less effective or unsuitable solution if a reasonable, mutually workable accommodation exists.

Federal workers should know these protections are designed to ensure ongoing health, employment security, and full participation in their federal roles throughout pregnancy and postpartum needs, unless the agency can demonstrate an “undue hardship” that makes a specific accommodation impossible.

Failing to Provide Reasonable Accommodations: Common Mistakes The Federal Government Makes

There are strict compliance standards for PWFA. As such, if your agency or department fails to provide reasonable accommodations, you may have legal grounds to challenge their process. Common errors that federal employers make when it comes to the PWFA include:

• Mishandling the Interactive Process: Not engaging in a good-faith discussion, issuing blanket refusals, or only offering a single, inflexible solution.
• Procedural Lapses or Notice Failures: Not notifying employees of their rights, delayed responses, or ignoring timelines.
• Excessive Documentation Demands: Requesting repeated doctors’ notes or unnecessary specifics.
• Forcing Leave: Requiring a federal employee to take medical leave instead of finding an accommodation.
• Retaliation: Demoting, transferring, or otherwise penalizing a federal employee for requesting accommodations.

Veterans, Service Members, and Civilian Employees: Special Issues

Military service members, veterans, and federal workers face unique challenges and workplace structures. This law ensures:

• Soldiers, spouses, and federal civilians have equal rights to accommodations and adjustments.
• You cannot be pressured to leave your role early or be forced into a situation that derails your career.
• You have access to medical care and appointment flexibility.

Whether seeking protections as a reservist, veteran, or dual-status technician, documentation of both service and medical need can help ensure compliance.

Challenging a Denial or Retaliation Under PWFA

If your PWFA request is denied or you believe you are being retaliated against for making it, you have the right to:

• File a grievance through the agency’s Equal Employment Opportunity (EEO) office. This internal process is often a required first step for federal employees and ensures your concerns are formally addressed.
• File an appeal directly with the Merit Systems Protection Board (MSPB) if it falls within its jurisdiction.
• Lodge a formal complaint of discrimination with the Equal Employment Opportunity Commission (EEOC). Federal agencies are subject to EEOC oversight for violations of federal civil rights laws, including the PWFA.
• In some cases, you can also seek judicial review in federal court if you don’t receive a satisfactory outcome through the administrative channels.

It is important to note that deadlines here are strict. Typically, you must take action within 30 days or 45 days after the agency’s personnel action or decision is made, depending on the office you are filing with.

How Capovilla & Williams Can Help

Capovilla & Williams is dedicated to representing military members, veterans, and all federal workers on issues of fair treatment and compliance. We know that challenging an agency for a denied medical accommodation is daunting. Our firm combines deep regulatory knowledge, prior military service, and years at the front lines of federal law to secure results for our clients.

To ensure you get the best possible outcome for your case, it is important that you keep detailed notes or copies of your communication with HR, your supervisors, and the EEO office. If you believe your federal rights are being infringed upon, or you simply need help planning your next steps, let us help. Call our offices today at 866-951-0466 or contact us online today for a free consultation. Let us take the fight to your federal employer and protect your career, your family and your future.

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