With strong support from HR Policy and the larger business community, Congress passed the Pregnant Workers Fairness Act (H.R. 1065) as a part of the larger year-end spending package that included important health care and retirement changes. The bill provides needed accommodations and protections for pregnant workers in accordance with the Americans with Disabilities Act.
The Act clarifies employer obligations for pregnant employees and would require employers to provide “reasonable accommodations” for such employees and job applicants.
- Specifically, employers would have to provide such reasonable accommodations to employees and job applicants for pregnancy, childbirth, and related medical conditions, provided such accommodations are not overly burdensome.
- These accommodations and protections are already required for employees with disabilities by the Americans with Disabilities Act; the Pregnant Workers Fairness Act simply extends these obligations to pregnant employees.
- Sens Bill Cassidy (R-LA) and Bob Casey (D-PA) proposed adding the bill to the spending legislation; The Senate approved their amendment by a 73-24 vote.
HR Policy strongly advocated for the bill in both chambers of Congress, including circulating a coalition letter in partnership with other members of the business community highlighting the bill’s importance. “The Pregnant Workers Fairness Act…is a balanced approach that clarifies an employer’s obligation to accommodate the known limitations of employees and job applicants that accompany pregnancy,” our letter noted. “This bipartisan bill is a strong reminder that through good faith negotiations, legislative solutions to important workplace questions and problems can be found.”
Members can review HR Policy’s summary of the final spending bill here.

Gregory Hoff
Assistant General Counsel, Director of Labor & Employment Law and Policy, HR Policy Association
Contact Gregory Hoff LinkedIn