By Chase Feeler, PT, DPT, NRCME
Director of Employment Testing, Fit For Work
As the Pregnant Workers Fairness Act (PWFA) enters its third year of enforcement, employers are facing a landscape that’s more complex than ever. With new legal challenges unfolding, expanded protections for pregnancy-related conditions, and the EEOC aggressively pursuing violations, organizations can no longer afford uncertainty in how they manage accommodations, essential job functions, or return‑to‑work processes.
The PWFA became federal law in June 2023 and requires employers with 15 or more employees to provide reasonable accommodations to workers with pregnancy-related conditions that may impact their essential job duties, unless doing so creates an undue hardship. Importantly, the PWFA adds to existing legal frameworks such as the Americans with Disabilities Act Amendments Act (ADAAA), Title VII, Family Medical Leave Act (FMLA), and various state and local regulations that may impose stricter requirements.
While the PWFA shares similarities with these other laws, it introduces a few important distinctions. Below is a breakdown of key provisions, recent legal challenges, notable EEOC enforcement actions, and what employers should keep in mind heading into 2026.
Key Provisions of the PWFA
- No assumptions about pregnancy: Employers should not make assumptions about an individual’s pregnancy or what she can or cannot do related to her job.
- Accommodation expectations mirror the ADAAA—with expanded scope: Employers must consider accommodations under the PWFA in a manner similar to the ADAAA. However, PWFA protections extend to conditions that may not qualify as disabilities but are related to pregnancy. Many accommodations fall under “common‑sense” adjustments, such as preferential parking to reduce walking distance or more frequent restroom breaks. These types of adjustments should be provided without requiring medical documentation.
- Temporary suspension of essential functions is allowed: A notable difference from the ADAAA is that the PWFA allows temporary suspension of essential job functions or temporary reassignment, as long as it does not impose undue hardship. This applies to:
- Current employees
- New hires
- Employees returning from leave
Recent Court Challenges to the PWFA
Several state and district-level legal challenges continue to test the statute’s boundaries. One high-profile example occurred on August 15, 2026, when the Fifth Circuit Court of Appeals vacated a split panel opinion that had allowed enforcement of the PWFA against the state of Texas. Texas initially filed suit in 2022, arguing the PWFA was invalid because Congress passed it using a COVID-era rule permitting non-present members to be counted for quorum and vote by proxy.
While challenges like this create some uncertainty, federal-level rules and regulations remain in effect, with potential variation at the state and district levels.
EEOC Enforcement Examples
Despite ongoing litigation, the EEOC has made clear that it intends to enforce the PWFA. Several recent cases illustrate how violations are being pursued.
Oklahoma Medical Specialty Practice
The employer allegedly refused to allow a pregnant employee to sit, take breaks, or work part‑time, even after receiving medical documentation recommending part-time work during a high‑risk pregnancy. The case may also involve violations of the PUMP Act, which provides protections for expressing milk up to 12 months postpartum. When the employee asked for guaranteed breaks, she was allegedly terminated.
Alabama Manufacturing Plant
The company allegedly refused to excuse absences due to pregnancy-related medical appointments and required the employee to work overtime despite medically imposed restrictions limiting her to 40 hours per week.
Indiana Manufacturing Group
The employer allegedly denied a request to transfer to a position that did not require the employee to lie on her stomach. The EEOC claims this ultimately forced the employee to resign at eight months pregnant.
What Employers Should Prioritize Now
Employers should ensure they understand the PWFA’s requirements and how they interact with existing laws. Key areas of focus include:
- Awareness that many secondary or temporary pregnancy-related conditions qualify for accommodation under the PWFA.
- Proactively streamlining processes to approve “common-sense” accommodations—especially those that do not require medical documentation.
- Updating policies and procedures to reflect the PWFA’s expanded coverage and to reduce legal exposure.
- Ensuring that hiring, return-to-work, and reassignment practices align with the law’s allowances for temporary suspension of essential functions.
Conclusion
By recognizing the full scope and intent of the Pregnant Workers Fairness Act, employers can better safeguard compliance while supporting employee well-being, safety, and long‑term retention. The PWFA’s expanded protections and evolving enforcement landscape make it essential for organizations to stay proactive—not reactive—when evaluating essential functions, updating policies, and responding to accommodation requests.
At WorkSTEPS, we continue to monitor regulatory changes that affect job demands, accommodations, and return‑to‑work processes. These PWFA developments reinforce the importance of clear job descriptions, functional evaluations, and proactive communication between employers and employees.
To learn more about pregnancy‑related accommodations or return‑to‑work support, contact us today.
Chase Feeler earned a Bachelor of Science in exercise and sports sciences from Texas State University in 2007. He completed graduate work at the University of Texas Medical Branch, receiving his Master of Physical Therapy in 2009 and his Doctor of Physical Therapy in 2010.
After graduation, Chase worked for five years at a Level I trauma hospital. He joined the WorkSTEPS team in 2015, where he has spent over a decade collaborating with employers and healthcare providers to implement job analyses, design and develop employment tests, ensure legal compliance, and oversee employment testing programs.
In 2026, Chase transitioned into the role of Director of Employment Testing with Fit For Work. In this role, he continues to support employers by implementing WorkSTEPS testing across locations throughout the United States. Outside of work, Chase enjoys music, sports, entertainment, and spending time with his wife and three children.
