Pregnancy Discrimination Act and PWFA
1978
PDA Enacted
Amended Title VII
2022
PWFA Enacted
Requires reasonable accommodation
15+
Employer Threshold
Same as Title VII and ADA
The Pregnancy Discrimination Act (1978)
equal treatment, not special treatmentThe PDA amended Title VII to prohibit discrimination on the basis of pregnancy, childbirth, or related medical conditions. It requires employers to treat pregnant employees the same as other employees with similar abilities or limitations. If an employer provides light duty for workers with back injuries, it must provide the same for pregnant workers with similar restrictions.
The PDA Standard
Treat pregnant employees the same as similarly situated employees. No better, no worse. If you give light duty to others, you give it to pregnant employees too.
The Pregnant Workers Fairness Act (2022)
this one changed the gamePDA requires EQUAL treatment. PWFA requires ACCOMMODATION. This distinction is heavily tested.
The PWFA requires employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions. It mirrors the ADA framework, including the interactive process and the undue hardship defense.
The PWFA Standard
Proactively accommodate limitations related to pregnancy. Engage in an interactive process. Provide reasonable accommodations unless it causes undue hardship.
PDA vs PWFA at a Glance
PDA (1978)
PWFA (2022)
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PDA Requires Equal Treatment, PWFA Requires Accommodation
The PDA says treat pregnant employees the same as others with similar limitations. The PWFA goes further and creates an affirmative obligation to provide reasonable accommodations. This distinction is the most frequently tested point.
PWFA Is Newer and Creates an Affirmative Obligation
The Pregnant Workers Fairness Act (2022) is modeled after the ADA. Employers must engage in an interactive process and provide accommodations for known limitations related to pregnancy, childbirth, or related conditions.
15+ Employees, Same as Title VII
Both the PDA and PWFA apply to employers with 15 or more employees, the same threshold as Title VII. The exam may test whether you confuse this with the FMLA threshold of 50.
PDA = Same Door
The PDA says everyone walks through the same door. No special treatment, but no worse treatment either.
PWFA = Build a Ramp
The PWFA says if someone needs a ramp, you build one. It requires proactive accommodation, not just equal treatment.
Imagine a building with one entrance. The PDA says pregnant employees get to use the same door as everyone else. If someone with a broken leg gets a chair, a pregnant employee with similar limitations gets a chair too. Equal treatment, nothing more.
The PWFA goes further. If a pregnant employee needs a ramp to get in, the employer must build one. It does not matter that nobody else needed a ramp before. The obligation is affirmative, like the ADA.
Both laws can apply simultaneously. FMLA may also be in play if the employee is eligible. ADA may cover conditions that persist after pregnancy. The exam will layer these laws in a single scenario.
PDA is passive. Treat the same. PWFA is active. Accommodate the difference. One requires you not to discriminate. The other requires you to take action.
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