Pregnancy Discrimination Under the PWFA

The Pregnant Workers Fairness Act (PWFA), which took effect in 2023, prohibits workforce discrimination against pregnant employees and job candidates. Under this federal law, employers must provide reasonable accommodations for known limitations related to pregnancy and childbirth.

Job applicants, current employees, and former employees are covered by the PWFA, but independent contractors are not covered. To receive PWFA protections, you must be a "qualified individual," which means you must be able to perform the essential functions of your job. Even if you don't meet this definition, you can still be a qualified individual if 1) your inability to perform an essential job function is temporary, 2) you can perform the essential job function in the near future, and 3) your inability to perform the essential function can be reasonably accommodated.

Examples of pregnancy discrimination prohibited by the PWFA include your employer doing any of the following:

• Failing to make reasonable accommodations to known limitations related pregnancy and childbirth, unless the accommodation would impose an undue hardship on the employer

• Requiring you to take paid or unpaid leave if another reasonable accommodation is possible

• Punishing you for requesting or using a reasonable accommodation

Thickstun Luo LLC may be able to help you pursue a legal claim in Illinois or Indiana if your employer discriminated against you because you are or were pregnant, in violation of the PWFA. Contact us today for a consultation.

LEGALESE is an online blog by Thickstun Luo LLC. The blog explains legal terms and concepts in plain English.

Disclaimer: The LEGALESE blog and the posts therein do not form an attorney-client relationship between you and Thickstun Luo LLC. Furthermore, this blog is not intended to render legal advice regarding your specific situation. You should consult an attorney for specific legal advice. Some content in LEGALESE blog posts pertain to state-specific legal rules and concepts that may not be applicable in every jurisdiction.