The Pregnant Workers Fairness Act in 2026: Your Rights Are Being Enforced
The Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023, has quickly become one of the most actively enforced federal employment laws in the country. In 2025 alone, the Equal Employment Opportunity Commission (EEOC) filed seven lawsuits against employers who failed to provide reasonable accommodations to pregnant workers, including a case that resulted in a $100,000 consent decree. For workers in West Virginia and Ohio, this law provides critical protections that many employees do not yet know they have.
At Klie Law Offices, we help employees across West Virginia and Canton, Ohio understand and enforce their workplace rights. If you are pregnant, recently gave birth, or are dealing with a related medical condition and your employer has refused to accommodate you, this guide explains what the law requires and how to take action.
What the Pregnant Workers Fairness Act Requires
The PWFA requires employers with 15 or more employees to provide reasonable accommodations to workers with known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would impose an undue hardship on the employer. This is modeled on the Americans with Disabilities Act (ADA) framework but applies specifically to pregnancy-related conditions.
Before the PWFA, pregnant workers often fell through the cracks. The Pregnancy Discrimination Act of 1978 prohibited discrimination based on pregnancy but did not require employers to provide accommodations. The ADA required accommodations for disabilities but did not always cover normal pregnancy-related conditions. The PWFA fills this gap by explicitly requiring accommodations for any physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.
What Qualifies as a Known Limitation
A known limitation is any physical or mental condition related to pregnancy, childbirth, or a related medical condition that the employee or their representative has communicated to the employer. This includes conditions such as morning sickness and nausea, back pain and sciatica, gestational diabetes, preeclampsia and high blood pressure, the need for more frequent bathroom breaks, limitations on lifting, standing, or walking for extended periods, recovery from childbirth (vaginal or cesarean), postpartum depression and anxiety, lactation and breastfeeding needs, and complications from fertility treatments or miscarriage.
The employee does not need to have a formal medical diagnosis. Simply communicating the limitation and the need for accommodation is sufficient to trigger the employer’s obligation to engage in the interactive process.
Examples of Reasonable Accommodations Under the PWFA
The EEOC has identified several accommodations that it considers presumptively reasonable, meaning they are almost always required unless the employer can demonstrate genuine undue hardship. These include allowing an employee to carry and drink water, providing additional bathroom breaks, allowing the employee to sit when their job normally requires standing (or stand if normally seated), providing breaks for eating and drinking as needed, excusing the employee from activities that involve exposure to compounds unsafe for pregnancy, providing closer parking, allowing flexible scheduling for prenatal appointments, providing light duty or modified work assignments, permitting telework when feasible, and granting leave for recovery from childbirth when other leave is exhausted.
The interactive process works similarly to the ADA process. Once an employee communicates a limitation, the employer must engage in a good-faith dialogue to identify an effective accommodation. The employer cannot simply deny the request without exploring alternatives.
The PUMP Act: Lactation Rights at Work
Working alongside the PWFA is the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), which took effect in April 2023 with full enforcement remedies available as of April 2024. The PUMP Act expanded the protections previously available only to hourly workers to cover nearly all employees, including salaried and exempt workers.
Under the PUMP Act, employers must provide reasonable break time for an employee to express breast milk for a nursing child for up to one year after the child’s birth each time the employee has a need to express milk. Employers must also provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, for the employee to express milk.
In December 2025, the PUMP Act was expanded to cover rail and motorcoach workers who were previously excluded. This means virtually all employees in West Virginia and Ohio are now covered.
Aggressive EEOC Enforcement in 2025
The EEOC demonstrated its commitment to enforcing the PWFA through seven lawsuits filed in 2025. These cases targeted employers across a range of industries for violations including terminating employees who requested pregnancy-related accommodations, refusing to provide light duty or modified assignments for pregnant workers, failing to engage in the interactive process after an accommodation request, retaliating against employees who asserted their PWFA rights, and forcing pregnant employees to take unpaid leave rather than providing a reasonable accommodation.
One notable case resulted in a $100,000 consent decree after an employer terminated a worker who requested a modified schedule during a high-risk pregnancy. The EEOC has signaled that it considers PWFA enforcement a priority and will continue to bring cases aggressively.
How This Applies in West Virginia and Ohio
The PWFA is a federal law that applies equally in every state, including West Virginia and Ohio. However, state laws can provide additional protections.
West Virginia
The West Virginia Human Rights Act prohibits pregnancy discrimination and applies to employers with 12 or more employees, covering more employers than the PWFA’s 15-employee threshold. West Virginia also has specific protections for breastfeeding employees. Together, the PWFA, the PUMP Act, and state law create overlapping protections that ensure pregnant workers in West Virginia have strong legal recourse.
Ohio
Ohio’s Civil Rights Act (Ohio Revised Code Chapter 4112) prohibits pregnancy discrimination and applies to employers with four or more employees, providing even broader coverage than either the PWFA or the WV Human Rights Act. Ohio employees who face pregnancy discrimination can file claims under both federal and state law, choosing the forum that provides the most favorable procedural rules or remedies.
What to Do If Your Employer Denies an Accommodation
If you have communicated a pregnancy-related limitation to your employer and they have denied your request for accommodation, refused to engage in the interactive process, retaliated against you for making a request, or terminated you after you disclosed your pregnancy or requested an accommodation, you have several options.
First, document everything in writing. Send a follow-up email after any verbal conversation confirming what was discussed and what was requested. Save all communications with your employer about your accommodation request. Second, file a complaint with the EEOC within 300 days of the adverse action (or 180 days with the West Virginia Human Rights Commission). Third, consult with an employment law attorney who can evaluate your case and advise you on the best course of action.
Common Employer Violations
Many employers are still not fully aware of their obligations under the PWFA, leading to common violations. Some employers require a doctor’s note before engaging in the interactive process, which the EEOC has said is not always necessary for obvious limitations. Others offer only unpaid leave when a less restrictive accommodation such as modified duties or flexible scheduling would be effective. Some employers apply neutral attendance policies rigidly to penalize absences caused by pregnancy-related conditions, which may violate the PWFA.
Perhaps the most common violation is simple failure to engage. When an employee communicates a limitation, the employer is required to respond promptly and engage in good faith. Ignoring the request, delaying indefinitely, or providing a blanket denial without exploring options constitutes a violation.
The Constitutional Challenge to the PWFA
It is worth noting that the PWFA currently faces a constitutional challenge. The State of Texas has argued that the law was improperly enacted because some members of Congress voted by proxy, a pandemic-era practice whose constitutionality is disputed. A panel of the Fifth Circuit Court of Appeals initially upheld the law, but the full Fifth Circuit agreed to rehear the case en banc in early 2026.
Until and unless the law is struck down, it remains fully in effect and enforceable nationwide, including in West Virginia (Fourth Circuit) and Ohio (Sixth Circuit). Employers who fail to comply because they hope the law will be invalidated are taking a significant legal risk.
Frequently Asked Questions
Does the PWFA apply to small employers?
The PWFA applies to employers with 15 or more employees. However, the West Virginia Human Rights Act covers employers with 12 or more, and Ohio’s Civil Rights Act covers employers with 4 or more, so smaller employers may still have obligations under state law.
Do I need a doctor’s note to request an accommodation?
Not necessarily. The EEOC has indicated that for many common pregnancy-related limitations, an employee’s own statement of the limitation is sufficient. However, having medical documentation can strengthen your request.
Can my employer fire me for being pregnant?
No. Terminating an employee because of pregnancy is illegal under the PWFA, the Pregnancy Discrimination Act, the West Virginia Human Rights Act, and the Ohio Civil Rights Act. If you believe you were terminated because of your pregnancy, contact an attorney immediately.
What about fertility treatments and miscarriage?
The PWFA covers conditions related to pregnancy, childbirth, or related medical conditions, which the EEOC has interpreted to include fertility treatments, miscarriage, stillbirth, and ectopic pregnancy.
Contact Klie Law Offices
If you are a pregnant worker or a new mother facing workplace discrimination or denial of accommodations, the employment law attorneys at Klie Law Offices can help. We represent employees in West Virginia and Ohio from offices in Buckhannon, Clarksburg, Morgantown, Parkersburg, and Canton, Ohio.
Schedule a free case evaluation to discuss your rights and legal options.
