If you’re pregnant or recovering from childbirth and need a reasonable accommodation at work, the Pregnant Workers Fairness Act (PWFA) was designed to protect you. The law is still in effect—but it’s facing serious legal attacks that could impact workers across North Carolina and the country.

As an employment law firm representing workers in Charlotte, Wilmington, and Raleigh, we want to ensure employees understand their rights and how to respond if an employer fails to comply.

🛡️ Your Rights Under the PWFA

Since June 27, 2023, the PWFA has required most employers (15+ employees) to provide reasonable accommodations for:

  • Pregnancy

  • Childbirth

  • Recovery from childbirth

  • Related medical conditions (e.g., preeclampsia, gestational diabetes, lactation)

Examples of reasonable accommodations include:

  • Additional bathroom or rest breaks

  • Temporary light duty

  • Remote work options

  • Time off for pregnancy-related health issues

If your employer refuses to make adjustments—even minor ones—you may have a legal claim.

⚠️ What’s Happening Now: Attacks on the Law

While the PWFA is still federal law, it's under legal attack from states and conservative interest groups. These lawsuits don’t eliminate your rights—but they may limit enforcement in specific areas, particularly around abortion and fertility-related accommodations. Here’s what’s going on:

  • Texas Challenge: A federal court ruled the PWFA was improperly passed by Congress. The decision is now being reviewed by the Fifth Circuit Court of Appeals.

  • 17-State Lawsuit: Republican attorneys general—including those from neighboring Southern states—are suing to block PWFA regulations that require accommodations related to abortion. A judge in Louisiana has already struck down those abortion-related rules.

  • Religious Exemptions Expanding: A federal judge in North Dakota permanently blocked enforcement of parts of the PWFA against Catholic employers—impacting tens of thousands of workers.

Despite these rulings, most of the PWFA remains in full force. These cases mostly target abortion and fertility-related issues, not general pregnancy accommodations.

👩‍⚖️ What This Means for Employees in North Carolina

Whether you work in a Charlotte hospital, a Raleigh tech company, or a Wilmington retail store, your core rights under the PWFA still apply. Here’s what you should do:

  • Request an accommodation in writing – Be specific about what you need (e.g., lifting restrictions, light duty, flexible schedule).

  • Engage in the interactive process – Your employer must talk with you in good faith about possible solutions.

  • Document everything – Keep copies of emails, doctor's notes, and your employer’s responses.

  • Contact an employment lawyer if your request is denied, ignored, or you’re retaliated against.

We help employees across Charlotte, Raleigh, Wilmington, and the rest of North Carolina enforce their rights under the PWFA.

📍 Local Support for Pregnant and Postpartum Workers

At our firm, we’ve helped clients throughout Raleigh, Wilmington, and Charlotte navigate pregnancy discrimination, denied accommodations, and wrongful termination tied to pregnancy and postpartum needs.

If your employer has:

  • Refused to accommodate your pregnancy or recovery

  • Forced you onto unpaid leave instead of modifying duties

  • Fired you or cut your hours after requesting accommodations

…you may have a case under the PWFA, the Americans with Disabilities Act, or Title VII of the Civil Rights Act.

✅ Key Takeaways for Workers

  • The PWFA is still active and provides strong protections for pregnant workers in North Carolina.

  • Legal challenges are trying to restrict its scope—but these have mostly targeted abortion-related provisions.

  • Most accommodations (breaks, light duty, flexible schedules) are still protected and enforceable.

  • If your employer is ignoring your needs, talk to a North Carolina employment lawyer who only represents workers.

📞 Need Help in Charlotte, Raleigh, or Wilmington?

We’re here to stand up for pregnant workers and protect your rights. Whether you’re in the Triangle, the coast, or the Queen City, we offer free consultations and only represent employees.

Call us today or use our online form to schedule a confidential review of your case.

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