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  • Jennifer Burton

Workplace Fairness for Pregnant Workers

Updated: Apr 10

In June 2023, the obligation for employers to abide by the Pregnant Workers Fairness Act (PWFA) went into effect. This applies to employers with 15 or more employees, and requires employers to make reasonable accommodations for pregnant workers unless that accommodation will cause an undue hardship for the employer.

The Pregnancy Disability Act (PDA) amended Title VII of the Civil Rights Act of 1964 and prohibits pregnancy discrimination. It requires employers to treat pregnant workers the same as other employees, and to provide reasonable accommodations to employees who are pregnant and have conditions that qualify as a disability (gestational diabetes, for example).

Reasonable accommodations under the PWFA apply to all pregnant workers, not just those with conditions that qualify as a disability, and include things like allowing pregnant workers to keep water at their workstation to stay hydrated throughout the day. Other accommodations include permitting more frequent bathroom breaks, closer parking, flexible hours, the ability to sit at a workstation, or even reassigning activities that are strenuous or involve exposure to chemicals or other substances or equipment that is not safe during pregnancy.

If you or someone you know has been a victim of employment discrimination based on pregnancy or a disability related to pregnancy, call us for a FREE consultation at (415) 545-8608 or email us at


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