If you are pregnant, recently gave birth, or are dealing with a related medical condition, federal law now gives you an explicit right to reasonable accommodations at work — even if you are still able to do your job. The Pregnant Workers Fairness Act (PWFA), which took effect in June 2023, fills a gap that left many pregnant workers without protection for decades. Combined with New York's already strong state law, employees in New York now have some of the most robust pregnancy accommodation rights in the country.

This post explains what the PWFA requires, how it differs from prior law, what accommodations you can request, and what to do if your employer refuses to engage.

What the PWFA Changed

Before the PWFA, pregnant workers seeking accommodations had to navigate a patchwork of laws — the Pregnancy Discrimination Act (PDA), the Americans with Disabilities Act (ADA), and state law — none of which squarely required employers to accommodate pregnancy as its own category. The ADA covers pregnancy-related conditions that rise to the level of a disability, but a typical, uncomplicated pregnancy generally did not qualify. The PDA prohibited discrimination but did not create an affirmative duty to accommodate.

The PWFA changed that. It requires covered employers — those with 15 or more employees — to provide reasonable accommodations to a qualified employee or applicant with a known limitation related to pregnancy, childbirth, or related medical conditions, unless doing so would cause an undue hardship. Critically, the employee does not need to prove that her condition rises to the level of a disability. The limitation just needs to be related to pregnancy or childbirth.

What Counts as a "Known Limitation"

The PWFA uses intentionally broad language. A known limitation includes any physical or mental condition related to pregnancy, childbirth, or related medical conditions — whether or not the condition meets the ADA's definition of disability. This covers a wide range of situations:

• Morning sickness or severe nausea requiring schedule flexibility or more frequent breaks
• Back pain, swelling, or fatigue requiring modified duties or a stool to sit on
• Gestational diabetes requiring meal breaks at specific times
• Postpartum depression or anxiety
• Recovery from a cesarean section
• Conditions requiring bed rest or reduced hours
• Lactation and the need to express breast milk during the workday

The employee communicates the limitation to the employer — formally or informally — and the employer's obligation to engage is triggered. You do not need to use magic words or file a formal request. Telling your supervisor that you are pregnant and need to sit down more often is enough to start the process.

What Accommodations Are Available

The PWFA's implementing regulations, issued by the Equal Employment Opportunity Commission (EEOC), identify several accommodations that are presumptively reasonable — meaning employers should provide them without extensive negotiation in most cases. These include:

• Additional breaks to eat, drink, rest, or use the restroom
• Allowing the employee to sit rather than stand (or stand rather than sit)
• Excusing the employee from strenuous activities or exposure to compounds unsafe during pregnancy
• Temporary reassignment of marginal (non-essential) job functions
• Telework, where the job permits it
• Modified work schedules
• Leave for medical appointments

The employer may also offer leave as an accommodation, but the PWFA makes clear that leave is a last resort — not the first option. An employer cannot simply tell a pregnant employee to go on leave when a less disruptive accommodation would work. That approach, which was common before the PWFA, is now legally suspect.

New York Law Adds Another Layer

New York employees benefit from state law protections that go beyond the PWFA in important ways. The New York State Human Rights Law (NYSHRL) covers all employers regardless of size — so if you work for a small business with fewer than 15 employees, the PWFA may not apply, but the NYSHRL still does. New York law also requires employers to accommodate pregnancy-related conditions and has long prohibited pregnancy discrimination in hiring, promotion, and termination.

New York City employees have additional protections under the New York City Human Rights Law (NYCHRL), which courts interpret broadly in favor of employees. The NYCHRL's accommodation standard is more generous than both federal and state law, and the remedies available — including compensatory damages, punitive damages, and attorney's fees — are substantial.

What Employers Cannot Do

Under the PWFA, an employer cannot deny a reasonable accommodation without engaging in the interactive process. It cannot require an employee to take leave when another accommodation would suffice. It cannot take adverse action — firing, demoting, cutting hours, or reassigning to a worse position — because an employee requested or received an accommodation. And it cannot retaliate against an employee for asserting her rights under the PWFA.

Retaliation is its own violation, independent of whether the underlying accommodation request was granted or denied. If your employer's treatment of you changed after you disclosed your pregnancy or asked for an accommodation, document those changes carefully — timing is often the most powerful evidence in a retaliation case.

What to Do If Your Employer Refuses

If your employer denies your accommodation request, ask for the denial in writing and ask the employer to explain why the accommodation would cause an undue hardship. Keep records of every communication — emails, texts, notes from conversations, and any changes to your schedule, duties, or treatment that followed your request.

PWFA claims are filed with the EEOC. You generally have 300 days from the date of the discriminatory act to file a charge. For NYSHRL claims, you have three years to file in state court. For NYCHRL claims, you have three years to file with the NYC Commission on Human Rights or in court. These deadlines run from the denial or adverse action, not from when you first made the request.

Pregnancy accommodation law is still developing, and employers — particularly smaller ones — often do not understand their obligations under the PWFA. If you have been denied an accommodation, pushed toward leave you did not want, or treated differently after disclosing your pregnancy, an employment attorney can help you understand whether you have a claim and what your options are. Most employment attorneys, including my office, offer free consultations and handle these cases on contingency.