Does the Pregnant Workers Fairness Act (PWFA) apply to congregations?

The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023, with final regulations published and effective on June 18, 2024. All employers that have 15 or more employees are covered by the PWFA.  Churches and faith-based organizations are covered by the PWFA; several denominations advocated for passage of the law and, as the ACLU noted, Congress specifically rejected an amendment that would have exempted religious employers from the PWFA’s reach altogether .

The PWFA requires a covered employer to provide a “reasonable accommodation” to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” The US Equal Employment Opportunity Commission (EEOC) has published a primer on the PWFA, "What You Should Know About the Pregnant Workers Fairness Act" outlining the rights and responsibilities of parties covered by the Act.