Attorney
The Pregnant Workers Fairness Act (PWFA) gives many employees the right to reasonable workplace accommodations for pregnancy, childbirth, and related medical conditions. Employers covered by the law must engage in an interactive process and provide accommodations unless doing so would create an undue hardship. In Fairfield County and across Connecticut, employees may have legal options when accommodation requests are denied or workplace retaliation follows. An employment lawyer can help assess whether an employer complied with its legal obligations.
What Does the PWFA Require Employers To Do?
The PWFA, which took effect in 2023, expanded workplace protections for pregnant employees and applicants. The law applies to employers with 15 or more employees and requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.
A reasonable accommodation is a workplace adjustment that allows an employee to continue performing their job.
Examples may include:
- Additional restroom or water breaks
- Temporary lifting restrictions
- Seating accommodations
- Modified schedules
- Time off for medical appointments
In many situations, these accommodations are temporary and relatively minor. The law also requires employers to communicate with employees about possible accommodations rather than dismissing requests outright.
What Accommodations Can Pregnant Employees Request Under the PWFA?
Pregnancy affects employees differently, so accommodation requests can vary depending on the job and the medical limitations involved.
Some employees may need physical adjustments at work, while others may require scheduling flexibility or temporary changes to job duties. In office settings, accommodations may involve additional breaks or modified seating arrangements. In physically demanding jobs, employees may request temporary restrictions on lifting, standing, or repetitive tasks.
The PWFA may also apply to conditions connected to pregnancy, including:
- Morning sickness
- Recovery after childbirth
- Lactation-related needs
- Pregnancy-related medical complications
The accommodation process is intended to be interactive. Employers and employees are generally expected to discuss possible solutions rather than treating the request as an automatic approval or denial.
How Is the PWFA Different From the ADA?
One of the most important features of the PWFA is that it fills gaps left by older employment laws.
Before the PWFA, many employees seeking pregnancy accommodations had to rely on the Americans with Disabilities Act (ADA). However, pregnancy itself is not automatically considered a disability under the ADA.
That distinction created challenges for employees whose pregnancy-related limitations did not meet the ADA’s legal definition of a disability.
The PWFA changed that framework. Under the law, employees may qualify for accommodations even when their condition is temporary or would not otherwise meet the ADA’s definition of disability.
This means employees may now be entitled to workplace adjustments that employers previously refused to provide.
Can an Employer Deny a Pregnancy Accommodation Request?
Employers are not required to approve every accommodation request. However, they generally cannot ignore requests, refuse to discuss options, or force employees onto leave if another reasonable accommodation would allow the employee to continue working.
Employers may deny requests that would create an undue hardship, meaning significant difficulty or expense for the business. Whether an accommodation creates an undue hardship depends on factors such as:
- The nature of the accommodation
- The size and resources of the employer
- The impact on business operations
Disputes often arise when employers fail to engage in the interactive process or reject requests without meaningful discussion.
For example, an employer may face legal scrutiny if it immediately rejects temporary lifting restrictions without considering whether adjustments to job duties are possible.
What Happens if an Employer Retaliates After an Accommodation Request?
Retaliation concerns sometimes arise after employees request pregnancy accommodations. In some situations, workplace treatment changes shortly after a request is made.
Examples may include:
- Reduced hours or schedule changes
- Sudden disciplinary actions
- Negative performance reviews
- Demotion or termination
Retaliation claims are separate from accommodation claims, which means an employee may have multiple legal issues arising from the same workplace situation.
Timing often becomes important in these cases. When negative employment actions closely follow an accommodation request, employers may later be required to explain the reasons for those decisions.
How Mitchell, Sheahan & Slippen Helps Employees Address PWFA Violations
Employees are sometimes told that pregnancy accommodations are unavailable, unnecessary, or too difficult for the employer to provide. In other situations, workplace treatment changes after an accommodation request is made, including schedule reductions, discipline, or increased scrutiny.
At Mitchell, Sheahan & Slippen, we help employees in Fairfield County and throughout Connecticut evaluate whether an employer’s response violated the PWFA or other employment laws. We work with employees to:
- Review denied accommodation requests
- Assess retaliation or pregnancy discrimination concerns
- Evaluate whether the employer engaged in the required interactive process
- Preserve workplace communications and supporting documentation
- Represent employees in negotiations, agency proceedings, or litigation when appropriate
If your employer denied a pregnancy accommodation or workplace treatment changed after your request, we will work to hold them accountable and protect your rights.
Get Guidance on Pregnancy Accommodation Rights in Connecticut
Pregnancy accommodations are now more clearly protected under federal law, but disputes still arise when employers fail to respond appropriately to requests or to changes in workplace treatment after accommodations are sought.
If your employer denied an accommodation request or your workplace treatment changed after requesting accommodations, we can help you evaluate your legal options. Contact Mitchell, Sheahan & Slippen to learn how we can assist you.