Pregnant Workers Fairness Act 2026: Indiana Employer Compliance

What Is the Pregnant Workers Fairness Act?

The Pregnant Workers Fairness Act is a federal law that went into effect on June 27, 2023. It requires covered employers to provide reasonable accommodations to employees and applicants who have known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so causes undue hardship to the employer.

Before the PWFA, pregnant workers often had to rely on a patchwork of legal protections that did not always fit their situation. The PWFA filled a critical gap.

Here is what makes the PWFA different from earlier laws:

• It focuses specifically on accommodations, not just nondiscrimination
• It covers conditions even if they do not qualify as disabilities under the ADA
• It applies throughout pregnancy and during recovery after childbirth
• It covers related medical conditions that may occur before, during, or after pregnancy

The EEOC enforces the PWFA and issued final regulations in April 2024 that clarified what the law requires. Those regulations are now the standard for PWFA Indiana compliance.

How Does the PWFA Differ From the Pregnancy Discrimination Act?

This is one of the most common questions employees ask. The confusion is understandable because both laws address pregnancy in the workplace, but they do very different things.

Under the PDA, an employer could argue it was treating a pregnant employee the same as other employees with similar limitations. The PWFA eliminates that defense when accommodations are at issue.

The PWFA says: you must accommodate the pregnant worker, full stop, unless undue hardship applies.

If you are dealing with pregnancy discrimination in Indiana, both laws may apply to your situation depending on the specific facts involved.

Who Does the PWFA Cover in Indiana?

Which Employers Are Covered?

The PWFA applies to private employers with 15 or more employees. It also covers:

• Federal agencies and departments
• Congress and federal legislative branch employees
• State and local governments
• Employment agencies
• Labor organizations

For most Indiana employees working at a company with 15 or more workers, the PWFA applies to their employer. Small businesses with fewer than 15 employees are not covered by the federal PWFA, though state-level protections under Indiana employment law may still apply.

Which Employees Are Covered?

The PWFA protects:

• Current employees (full-time, part-time, and temporary)
• Job applicants seeking employment
• Employees returning from leave related to pregnancy
• Employees with known limitations related to pregnancy, childbirth, or related medical conditions

Notably, an employee does not need to be currently pregnant to invoke the PWFA. A worker recovering from a miscarriage, postpartum depression, or a C-section may also be protected under the law.

What Conditions Qualify Under the PWFA?

The PWFA uses the phrase “known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.” This is broader than many people realize.

Conditions That Clearly Qualify

• Morning sickness and severe nausea
• Gestational diabetes
• Preeclampsia
• Prenatal medical appointments
• Postpartum depression and anxiety
• Recovery from childbirth, including C-section recovery
• Miscarriage and pregnancy loss
• Lactation-related conditions
• Fertility treatments
• Ectopic pregnancy

What About Elective Abortions?

The EEOC’s final regulations clarified that “related medical conditions” includes abortions, both spontaneous and elective. Employers cannot deny PWFA accommodations based solely on this. This area remains legally contested in some states, but the federal EEOC position is clear.

Does the Condition Need to Be Severe?

No. This is one of the most important points. The PWFA uses the word “limitation,” not “disability.” A limitation does not need to be severe, long-lasting, or substantially limiting. It simply needs to be connected to pregnancy, childbirth, or a related medical condition.

This is a meaningful departure from the ADA standard. You do not need to prove your condition rises to the level of a disability to request an accommodation under the PWFA.

What Reasonable Accommodations Does the PWFA Require?

The PWFA requires employers to provide “reasonable accommodations” unless doing so causes undue hardship. The law does not define a single list of required accommodations because every workplace and situation is different.

Common PWFA Accommodations in Indiana Workplaces

• Frequent restroom breaks
• Access to water and the ability to stay hydrated
• Sitting instead of standing (or standing instead of sitting)
• Limits on lifting heavy objects
• Flexible scheduling for prenatal appointments
• Remote work or telework for roles where it is feasible
• Temporary reassignment to a less physically demanding role
• Modified work duties
• Parking closer to the work entrance
• Leave for recovery or medical treatment

What About Temporary Suspensions of Essential Functions?

The PWFA introduced something the ADA does not require: the temporary suspension of essential job functions. Under specific circumstances, an employer may need to temporarily excuse an employee from performing essential functions of their job if:

• The suspension is for a temporary period
• The employee can perform the essential functions in the near future
• The suspension does not create undue hardship

This means an employer cannot automatically deny accommodation simply because the requested change affects a core job duty. The analysis is more nuanced under the PWFA.

For a deeper understanding of how leave rights in Indiana intersect with federal protections, reviewing both PWFA and FMLA frameworks together is important.

What Are Indiana Employer Obligations Under the PWFA?

Compliance with the PWFA is not optional. Indiana employers covered by the law must take specific steps to meet their obligations.

Core Obligations Every Covered Employer Must Meet

• Engage in the interactive process when an employee requests an accommodation
• Evaluate accommodation requests individually rather than applying blanket policies
• Avoid requiring an employee to take leave if another reasonable accommodation is available
• Refrain from denying a job or opportunity because of a pregnancy-related limitation
• Not require medical documentation if the limitation and need for accommodation are obvious or already known
• Update workplace policies to reflect PWFA requirements
• Train supervisors and HR staff on PWFA obligations

What Cannot Employers Do Under the PWFA?

The PWFA explicitly prohibits the following employer actions:

• Failing or refusing to make reasonable accommodations for a known limitation
• Requiring an employee to accept an accommodation they did not request or agree to
• Denying employment opportunities to an employee because of the need for accommodation
• Requiring an employee to take paid or unpaid leave if another accommodation is possible
• Taking adverse action against an employee for requesting or using an accommodation

Many of these violations overlap with workplace discrimination claims under other laws. An employee may have multiple legal avenues available to them if their employer violates the PWFA.

What Is the Interactive Process and Why Does It Matter?

The interactive process is the back-and-forth communication between an employer and employee to identify a workable accommodation. Under the PWFA, this process is a legal obligation, not a courtesy.

How the Interactive Process Works

Here is the general sequence:

1. Employee notifies employer of the pregnancy-related limitation (does not need to use specific legal language)
2. Employer acknowledges the request and begins the process
3. Both parties discuss potential accommodations and any constraints
4. Employer may request supporting documentation if it is reasonable to do so
5. Employer provides the accommodation or explains why the specific request causes undue hardship
6. Parties explore alternatives if the initial request cannot be granted

An employer who simply ignores an accommodation request, or who says “no” without engaging in dialogue, likely violates the PWFA. Silence is not a legitimate response.

Does the Employee Need to Use the Word “Accommodation”?

No. The employee does not need to formally say “I am requesting an accommodation under the PWFA.” If an employer knows an employee is pregnant and is struggling with a limitation at work, and the employee requests some form of adjustment, that should trigger the interactive process.

This matters because many employees do not know their legal rights. Employers cannot use an employee’s ignorance of legal terminology as a reason to avoid their obligations.

When Can an Employer Claim Undue Hardship?

An employer is not required to provide an accommodation that causes undue hardship. Under the PWFA, undue hardship means significant difficulty or expense, evaluated in the context of the employer’s size, resources, and the nature of the business.

Factors That Determine Undue Hardship

• The cost of the accommodation
• The employer’s overall financial resources
• The number of employees and the size of the operation
• The impact on operations and other employees
• The type of business and the nature of the work

Is Undue Hardship Easy to Prove?

No. Courts and the EEOC have consistently held that undue hardship is a high bar. An employer cannot simply claim hardship without evidence. The analysis must be specific and factual.

A large corporation with hundreds of employees will face a much harder time claiming undue hardship for a simple schedule modification than a small business with limited staffing might for a more complex accommodation request.

“The undue hardship standard is not a loophole. It is a narrow exception that requires genuine evidence of significant burden, not mere inconvenience.”

If your employer denied your accommodation request and claimed undue hardship without a thorough explanation, that denial may be legally challengeable. An Indiana discrimination attorney can evaluate whether the employer’s position holds up under the law.

What Happens If an Employer Retaliates?

Retaliation for requesting or using a PWFA accommodation is prohibited. If an employer takes adverse action against an employee because they asked for an accommodation, that action may be both a PWFA violation and a retaliation claim under federal law.

What Counts as Retaliation Under the PWFA?

• Terminating an employee after they requested accommodation
• Demoting an employee following a PWFA accommodation request
• Reducing hours or pay in response to a request
• Increasing scrutiny or discipline after accommodation is granted
• Excluding an employee from meetings or opportunities after accommodation
• Creating a hostile environment following a complaint or accommodation request

Retaliation cases often hinge on timing. If an employer takes negative action shortly after an employee requests an accommodation or files a complaint, courts may infer a retaliatory motive.

Understanding retaliation protections in Indiana is critical if you believe your employer has punished you for asserting your rights. You may also want to review what types of evidence matter most in retaliation cases.

Federal law also protects employees from retaliation under Title VII and the ADA when pregnancy-related claims overlap. This means your legal options may be broader than you think. For more on general retaliation protections after workplace complaints, Indiana employees should understand the full scope of available remedies.

How Do You File a PWFA Complaint in Indiana?

If you believe your employer violated the PWFA, you must file a charge of discrimination with the EEOC before you can pursue a federal lawsuit. This is called an administrative exhaustion requirement.

Step-by-Step: Filing a PWFA Charge in Indiana

1. Document the issue: Gather records of your accommodation request, employer responses, and any adverse actions taken
2. Contact the EEOC: File a charge with the EEOC’s online portal or visit the Indianapolis EEOC office
3. EEOC reviews your charge: The EEOC may investigate, attempt mediation, or issue a Right to Sue letter
4. Obtain Right to Sue letter: Once received, you have 90 days to file a lawsuit in federal court
5. Consult an employment attorney: Working with legal counsel throughout this process significantly improves outcomes

You can also file a complaint with the Indiana Civil Rights Commission (ICRC) for claims under Indiana state law. The ICRC and EEOC have a worksharing agreement, so a charge with one agency is often cross-filed with the other.

If you are unsure how to file or what agency is the right starting point, reviewing the EEOC complaint process for Indiana workers can help clarify your path forward.

For broader questions about how to document workplace issues before filing, understanding how to document workplace harassment and violations is an important first step.

What Are the Filing Deadlines You Cannot Miss?

Missing a filing deadline can permanently end your ability to pursue a PWFA claim, no matter how strong your case may be.

Critical PWFA Filing Timelines

Because Indiana has its own civil rights enforcement agency, the EEOC deadline extends to 300 days rather than the standard 180-day window in states without such agencies. This is an important distinction for Indiana employees.

For a complete breakdown of claim deadlines, reviewing Indiana employment law claim deadlines and EEOC timelines can help you avoid missing critical cutoff dates.

Do not wait. The clock starts running from the date of the violation, and time moves quickly when you are dealing with a difficult situation at work.

How Does the PWFA Interact With the FMLA in Indiana?

The PWFA and the Family and Medical Leave Act (FMLA) are separate laws with different requirements. They can and often do apply at the same time.

Key Differences Between PWFA and FMLA

An employer cannot force an employee onto FMLA leave when a PWFA accommodation could address the situation. This is an important protection. Many employers incorrectly assume that leave is the only option for a pregnant worker. The PWFA makes clear that other accommodations must be considered first.

If you are navigating leave and accommodation at the same time, reviewing how FMLA works in Indiana alongside PWFA protections can help you understand your full range of options. You may also find common FMLA mistakes Indiana workers should avoid helpful before you take any action.

Indiana employers who handle medical leave requests incorrectly risk violating multiple laws simultaneously. Understanding how Indiana employers must handle medical leave requests is critical for both employees asserting rights and employers seeking compliance.

Does the ADA Also Apply to Pregnant Workers in Indiana?

Yes, in some cases. While pregnancy itself is not typically considered a disability under the ADA, pregnancy-related complications sometimes can qualify.

Conditions like gestational diabetes, severe prenatal depression, or complications from a high-risk pregnancy may meet the ADA’s definition of a disability. In those cases, an employee may have parallel protections under both the PWFA and the ADA.

The practical implication: employees should not assume only one law applies. An employment attorney can evaluate the full picture to determine which legal frameworks are most favorable to your specific situation.

Indiana employers should also ensure their workplace discrimination policies address both PWFA and ADA obligations to avoid overlapping compliance gaps.

Is Your Indiana Business Ready? A PWFA Compliance Checklist

For Indiana employers, meeting PWFA obligations requires more than good intentions. Here is a practical checklist to assess your current compliance status:

• Has your employee handbook been updated to include PWFA accommodation policies?
• Have HR staff and managers received training on PWFA requirements?
• Do you have a documented process for receiving and evaluating accommodation requests?
• Do your supervisors know they cannot force leave on an employee when other accommodations are possible?
• Have you reviewed your medical documentation request practices to ensure they comply with PWFA limits?
• Do you have anti-retaliation policies that specifically address PWFA accommodation requests?
• Are your job postings and onboarding materials free of language that could discourage pregnant applicants?

If the answer to any of these is “no” or “I am not sure,” addressing those gaps promptly reduces your legal exposure considerably. Proactive compliance is always less costly than litigation.

What Remedies Are Available for PWFA Violations?

Employees who successfully prove a PWFA violation may be entitled to meaningful remedies. The PWFA follows the same remedial framework as Title VII, which includes:

• Back pay: Wages lost due to the employer’s unlawful conduct
• Front pay: Compensation for future earnings lost if reinstatement is not feasible
• Compensatory damages: Damages for emotional distress, pain and suffering, and other non-economic losses
• Punitive damages: Available against private employers who acted with malice or reckless disregard
• Reinstatement: Returning to your position if you were wrongfully terminated
• Attorney’s fees and costs: The prevailing employee may recover legal costs

Damage caps apply based on employer size under federal law, but total recoveries can still be substantial, particularly when emotional distress and punitive damages are involved.

For a broader picture of what financial recoveries may look like in Indiana employment cases, reviewing discrimination damages and payout examples in Indiana can give you helpful context.

What Do PWFA Violations Actually Look Like in Indiana Workplaces?

Legal concepts can feel abstract. Here are some scenarios that illustrate how PWFA violations occur in real workplaces:

Scenario 1: Denied Break Requests

A warehouse worker in Indianapolis asks her supervisor for more frequent bathroom breaks due to pregnancy. The supervisor refuses and tells her to “just hold it” or take a demotion to a less strenuous role. This likely violates the PWFA because the employer failed to engage in the interactive process and forced an unwanted accommodation.

Scenario 2: Forced Leave Instead of Modified Duties

A hospital nurse in Fort Wayne discloses her pregnancy and requests temporary relief from lifting heavy patients. Her employer immediately places her on unpaid leave instead of exploring modified duties. This may violate the PWFA because leave was imposed when other accommodations were available.

Scenario 3: Application Denied Based on Pregnancy

A job applicant in Gary discloses she is pregnant during an interview. The employer stops the hiring process and tells her the role requires “full availability.” If her pregnancy-related limitation could have been accommodated, denying her the job may violate the PWFA’s protections for applicants.

Scenario 4: Retaliation After Accommodation Request

A teacher in Evansville requests modified duties for the last trimester of her pregnancy. Two weeks after HR acknowledges the request, she receives her first negative performance review in five years. The timing and circumstances may support a retaliation claim under the PWFA.

These scenarios reflect the kinds of situations Indiana employees regularly face. If any of these sound familiar, speaking with an attorney about your options for suing an employer for unfair treatment is a reasonable next step.

Are There Special Considerations for Healthcare Workers?

Healthcare workers face unique challenges under the PWFA because their job duties often involve physical demands, exposure to hazardous materials, and shift work that can directly conflict with pregnancy-related limitations.

Common accommodation needs for healthcare workers include:

• Relief from lifting or repositioning patients
• Reassignment away from radiation or chemical exposure
• Modified shift schedules to manage fatigue or morning sickness
• Access to sitting during long shifts

Hospitals and healthcare systems are covered employers under the PWFA when they meet the 15-employee threshold. They cannot deny these accommodations simply because it creates scheduling challenges.

Indiana’s healthcare workers’ employment rights deserve careful attention in this context, given the frequency with which accommodation issues arise in clinical settings.

What About Pregnant Teachers in Indiana?

Pregnant teachers and school employees are also protected by the PWFA. Indiana school districts that employ 15 or more workers are covered employers.

Common accommodation requests from teachers include:

• A chair or stool for extended standing periods
• Temporary schedule modifications for prenatal appointments
• Relief from physically demanding activities during pregnancy
• Modified duties during late pregnancy or early recovery

School administrators need to understand that denying these requests without engaging in the interactive process puts the district at legal risk. For Indiana teachers navigating employment rights more broadly, reviewing teacher employment rights in Indiana is a helpful starting point.

Frequently Asked Questions About PWFA Indiana

Do I have to tell my employer I am pregnant to get PWFA protections?

You must notify your employer of your limitation for PWFA protections to apply. This does not mean you have to announce your pregnancy publicly or use legal language. Telling your supervisor that you have a pregnancy-related condition that requires a workplace adjustment is generally enough to trigger the employer’s obligation to engage in the interactive process.

Can my employer ask for a doctor’s note for every PWFA accommodation request?

No. The EEOC’s regulations limit when employers can request documentation. If the limitation and need for accommodation are obvious, known to the employer, or straightforward, the employer cannot demand medical documentation before engaging in the accommodation process. Excessive documentation demands may themselves be a PWFA violation. More guidance is available through the EEOC’s PWFA Q&A guidance.

I was terminated while pregnant. Is that automatically a PWFA violation?

Not automatically, but it raises significant legal questions. Termination of a pregnant employee may violate the PWFA, the Pregnancy Discrimination Act, or both, depending on the circumstances. If you were terminated after requesting an accommodation or after your employer learned of your pregnancy, the timing is important evidence. Consulting an attorney is advisable to evaluate your full situation, including potential wrongful termination claims in Indiana.

Does the PWFA apply if I am on a temporary or contract basis?

Yes, in most cases. The PWFA does not limit its protections to permanent full-time employees. Temporary and contract workers can be protected, depending on how the employment relationship is structured and which entity legally employs them. Both the employer and the staffing agency may have obligations in some cases.

What if my employer offers me an accommodation I do not want?

Under the PWFA, an employer cannot force an accommodation on an employee. The accommodation process is collaborative. If your employer offers a modification you find unreasonable or harmful to your employment, you have the right to continue the interactive process and explore alternatives. Accepting an unwanted accommodation under pressure may still leave legal options open depending on your specific situation.

Can I file both a PWFA claim and an Indiana state law claim at the same time?

Yes. Indiana employees may pursue claims under both federal and state law simultaneously. The Indiana Civil Rights Act prohibits pregnancy discrimination, and filing with the Indiana Civil Rights Commission can run in parallel with an EEOC charge. An attorney familiar with how to file a discrimination complaint in Indiana can guide you through both processes.

Does the PWFA protect me during job interviews?

Yes. The PWFA extends to job applicants. If you need an accommodation during the hiring process due to a pregnancy-related limitation, you can request it. An employer who denies you an opportunity or withdraws an offer because of your pregnancy or a related accommodation need may be violating the law.

What should I do first if I think my employer violated the PWFA?

Start by documenting everything: the accommodation request you made, the employer’s response, and any subsequent actions. Write down dates, names, and what was said. Then consult an employment attorney before contacting the EEOC or your employer in writing. Acting strategically from the beginning protects your rights and your case. You can also review what to expect in a first consultation with an employment lawyer so you know what to bring and ask.

Where Can Indiana Workers Find More Information?

If you want to research your rights further before speaking with an attorney, the following resources are reliable and authoritative:

• EEOC: Pregnancy Discrimination Overview
• Department of Labor: PUMP Act for Nursing Workers
• Indiana Civil Rights Commission: Civil Rights Laws and Procedures
• Department of Labor: FMLA Overview

For Indiana-specific guidance on breastfeeding and nursing rights at work, the PUMP Act in Indiana extends important protections beyond childbirth as well.

Understanding the broader landscape of Indiana workplace discrimination rights helps employees see how the PWFA fits within a larger framework of legal protections.

You can also explore parental rights in Indiana for a broader picture of protections before and after childbirth, and review the biggest changes to Indiana employment law in 2026 to stay current on the evolving legal landscape.

Ready to Understand Your PWFA Rights in Indiana?

The Pregnant Workers Fairness Act gives Indiana workers real, enforceable rights, but those rights only matter if you act on them. Whether your employer refused to engage in the accommodation process, forced you onto leave when other options existed, or retaliated against you for asserting your rights, you may have legal claims worth pursuing.

At Amber Boyd Law, we represent Indiana employees in employment discrimination, pregnancy discrimination, retaliation, and accommodation disputes. We understand what you are going through, and we know how to evaluate whether your employer’s conduct crossed a legal line.

The earlier you consult with an attorney, the better positioned you are to protect your rights and preserve your legal options. Filing deadlines are strict, and evidence fades over time.

Contact Amber Boyd Law today at (317) 960-5070 or schedule your consultation online. Our office is located at 8506-8510 Evergreen Ave, Indianapolis, IN 46240. You can also find us on Google Maps.

Serving employees throughout Indiana, including Fort Wayne, Evansville, and Gary.