If you’re pregnant and working in Tennessee, you have stronger protections than ever before—thanks to a federal law called the Pregnant Workers Fairness Act (PWFA).
Effective as of June 27, 2023, the PWFA requires most employers to provide reasonable accommodations for pregnancy-related conditions. That includes temporary job changes, schedule adjustments, and other support that allows you to keep working safely and with dignity—without risking your health or your job.
At Hunter Employment Law, we represent employees who have been denied accommodations, retaliated against, or wrongfully pushed out during or after pregnancy. If you’re unsure what your rights are—or whether your employer is violating them—this post is for you.
What Is the PWFA?
The Pregnant Workers Fairness Act, is a federal law that fills a major gap in employment protections.
Previously, pregnant employees had to prove their condition qualified as a “disability” under the ADA or show they were treated worse than non-pregnant coworkers under the Pregnancy Discrimination Act (PDA). That left too many women unprotected, especially when facing complications that didn’t meet those narrow standards.
The PWFA changed that.
Under the law, employers with 15 or more employees are required to provide reasonable accommodations for pregnancy, childbirth, or related medical conditions—unless doing so would impose an undue hardship on the operation of the business.
EEOC: What You Should Know About the Pregnant Workers Fairness Act
What Counts as a “Reasonable Accommodation” Under the PWFA?
Accommodations must be tailored to your specific needs—but here are common examples:
- Light-duty or modified physical tasks (e.g., avoiding heavy lifting)
- Additional restroom, food, or water breaks
- Schedule flexibility for prenatal appointments
- Remote work or reduced hours during pregnancy complications
- Providing a chair for jobs that usually require standing
- Temporary reassignment away from hazardous tasks
- Telework during high-risk pregnancy or recovery
- Leave for recovery from childbirth—even if not covered by FMLA
And here’s the key: you don’t have to be disabled, and you don’t have to prove someone else got the same treatment. If you’re pregnant and need support to keep working safely, you are entitled to it—period.
What the Supreme Court Said Before the PWFA
Before the PWFA, workers had to rely on narrow interpretations of the Pregnancy Discrimination Act (PDA). In Young v. United Parcel Service, Inc., 575 U.S. 206 (2015), the U.S. Supreme Court held that an employer who accommodates some workers—but refuses to accommodate pregnant workers—may violate the PDA.
But the Court stopped short of creating a clear duty to accommodate pregnancy. That’s why the PWFA is a game changer—it creates an independent, affirmative duty to accommodate without needing to compare yourself to others.
What Employers Can’t Do
Unfortunately, many Tennessee employers are either unaware of the law or choose to ignore it. Here’s what they’re not allowed to do:
- Deny your request without discussing alternatives
- Force you to take unpaid leave if you’re still able to work with accommodations
- Retaliate against you for asking for help
- Discipline or demote you for using your legal rights
- Fire you because your pregnancy is “inconvenient” or “disruptive”
If any of these sound familiar, you may have a legal claim under the PWFA or related federal laws.
Do I Need to Submit a Doctor’s Note?
In many cases, yes—but it doesn’t have to be complex. A basic note from your OB-GYN or Often, yes—but it can be simple.
A note from your OB-GYN or provider describing your medical limitation and a suggested accommodation is usually enough. Your employer must then engage in an interactive process to find a workable solution. They cannot stall, ignore you, or demand unnecessary documentation.
The EEOC’s proposed regulations make clear: Employers must act in good faith to meet pregnant workers’ needs.
What If My Employer Says “We Can’t Afford That”?
They might try—but the law only allows denial if the request causes an undue hardship (i.e., significant difficulty or expense).
In reality, most accommodations—like a stool, extra breaks, or modified duties—are inexpensive and temporary. Most employers cannot meet the legal standard to deny these requests.
For reference: In EEOC v. Walmart Inc. (W.D. Ark. 2021), the EEOC sued on behalf of a pregnant worker who was denied light duty and fired. The case settled for $20,000 and led to internal policy changes.
What If I’ve Already Been Denied or Retaliated Against?
You still have options—and timing matters.
If you’ve been:
- Denied accommodations
- Pressured to quit or take leave
- Disciplined after requesting help
- Harassed or retaliated against
- Fired shortly after disclosing your pregnancy
You may have a claim under the PWFA, Title VII, the ADA, or the FMLA. These laws work together to protect pregnant and postpartum workers—but strict deadlines apply, so don’t wait.
Final Thoughts from Hunter Employment Law
Pregnancy should never cost you your job. But every day, we speak with women across Tennessee who were denied basic help at work—then punished for asking.
At Hunter Employment Law, we don’t just believe in justice—we build strategic, trial-ready cases that demand it.
If you’ve been mistreated during pregnancy, postpartum recovery, or for requesting accommodations, we’re ready to help you understand your options.
Request a Confidential Case Evaluation
If something about how your employer treated you feels wrong—let us help you determine if it’s also unlawful.
Serving employees across Tennessee
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