If you work anywhere in North Carolina—Charlotte, Raleigh, Wilmington, Asheville, or beyond—the Pregnant Workers Fairness Act (PWFA) can be a game-changer when pregnancy or postpartum recovery makes work harder.
Instead of forcing employees to “tough it out” or take unpaid leave, the PWFA generally requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions—unless the employer can show undue hardship.
Below is what North Carolina employees need to know (with practical examples and next steps if your employer refuses).
1) What is the PWFA?
The PWFA is a federal workplace law focused on accommodations—think “temporary changes so you can keep working safely.” The EEOC began accepting PWFA charges when the law took effect on June 27, 2023, and the EEOC’s final implementing regulation took effect June 18, 2024.
2) Does the PWFA apply to my North Carolina employer?
In general, the PWFA applies to:
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Private employers with 15+ employees
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State and local government employers
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(Also certain federal entities and related organizations)
If you’re unsure whether your employer meets the 15-employee threshold, it’s still worth getting advice—coverage questions are common and fact-specific.
3) Who is protected?
The PWFA protects qualified applicants and employees with a known limitation related to pregnancy, childbirth, or related medical conditions.
A key point: under the EEOC’s approach, a limitation can be minor, modest, or episodic (not necessarily a disability under the ADA).
Examples the EEOC lists include (among others) uncomplicated pregnancy, C-section recovery, miscarriage, postpartum depression, edema, placenta previa, and lactation.
4) What does the PWFA require an employer to do?
A. Provide a reasonable accommodation (unless undue hardship)
If you let your employer know you have a pregnancy-related limitation and need a change at work, the employer generally must engage in an interactive process and provide an effective accommodation unless it would cause significant difficulty or expense (“undue hardship”).
B. Not force you onto leave if you can keep working with an accommodation
The PWFA specifically prohibits requiring leave if another reasonable accommodation would let you keep working.
C. Not retaliate
The PWFA prohibits retaliation for requesting or using a reasonable accommodation (and other protected PWFA activity).
5) Examples of accommodations that often make sense (Charlotte to Asheville and everywhere in between)
Real-life PWFA accommodations can include:
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More restroom breaks or additional breaks
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Permission to carry water / hydrate as needed
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A stool for a standing job, or the ability to stand periodically in a seated job
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Schedule tweaks (start time adjustments for morning sickness, shorter shifts temporarily)
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Temporary lifting restrictions, light duty, help with manual tasks
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Time off for prenatal appointments
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Temporary reassignment or temporary suspension of certain job tasks when appropriate
The EEOC’s final rule discusses “predictable assessments”—accommodations that, in many workplaces, should be straightforward to grant (water, restroom breaks, sit/stand changes, and breaks to eat/drink).
6) “I can’t do everything in my job right now—am I still covered?”
Possibly, yes.
Under the PWFA, an employee can still be “qualified” even if they temporarily can’t perform one or more essential functions, as long as:
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the inability is temporary,
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they can perform those functions “in the near future,” and
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the inability can be reasonably accommodated.
This is where PWFA protection is often strongest for physically demanding jobs (warehouse, healthcare, retail, hospitality, manufacturing—common across North Carolina).
7) How to request a PWFA accommodation (simple script)
You do not need magic words. You do need to clearly communicate:
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you have a pregnancy-related limitation, and
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you need a change at work because of it.
Sample message to HR or your manager:
“I’m pregnant and I’m having [morning sickness/back pain/appointments/etc.]. I need a temporary adjustment at work: [later start time / stool at register / lifting limit / extra breaks / modified duties].”
After that, your employer should engage in the interactive process—a back-and-forth to identify an effective accommodation.
Practice tip: Put the request in writing (email is fine). Keep it professional and specific.
8) Documentation: can my employer demand a doctor’s note?
Sometimes employers can request supporting information, but they should not use documentation as a stall tactic. The EEOC’s guidance emphasizes prompt responses and an interactive process focused on what’s needed to support the accommodation request.
If HR is demanding excessive details (or repeatedly “losing” paperwork), that’s a red flag worth addressing quickly.
9) What if my North Carolina employer refuses?
If you’re in Charlotte, Raleigh, Wilmington, Asheville—or any NC city—and your employer denies an accommodation, delays for weeks, cuts your hours, or pushes you onto leave, treat it seriously.
A. Preserve evidence
Save:
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your accommodation request(s)
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the employer’s response
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schedules, write-ups, and attendance “points”
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doctor’s notes you provided
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texts/emails with supervisors
B. Watch the filing deadlines
In general, an EEOC charge must be filed within 180 days, but it can be extended to 300 days in some situations where a state/local agency enforces a similar law.
In North Carolina specifically, EEOC materials indicate 300 days may apply for some state/county employees covered by the State Personnel Act, while 180 days may apply in other situations—so don’t assume you have “plenty of time.”
C. Get advice early
Accommodation cases are time-sensitive. The wrong response (or delay) can turn a fixable workplace issue into a job loss.
10) A fast note on a changing corner of the law (abortion-related accommodations)
The PWFA is in effect, and most pregnancy/postpartum accommodations are not controversial.
However, there has been litigation over whether EEOC’s PWFA regulation can treat elective abortion as a “related medical condition” requiring accommodation. In May 2025, a federal judge in Louisiana vacated the EEOC rule to the extent it required accommodation for elective abortion, while leaving the rest of the PWFA framework intact.
This is an evolving area; if your situation touches that topic, get individualized advice.
FAQ
Does my employer have to let me sit if I’m on my feet all day?
Often yes—providing a stool or sit/stand option is a common accommodation example.
Can my employer make me take leave instead of adjusting my job?
The PWFA prohibits forcing leave if another reasonable accommodation would let you keep working.
Is pregnancy itself a disability?
Not under the ADA in general, but the PWFA can still require accommodations for pregnancy-related limitations.
I work in Raleigh/Charlotte/Wilmington/Asheville—does location matter?
The PWFA is federal, so it applies statewide. What varies is the workplace, the job duties, and how quickly employers respond.
Bottom line for North Carolina employees
If pregnancy or postpartum recovery is affecting your work, the PWFA is designed to keep you employed safely and productively—with reasonable, usually temporary adjustments.
If you tell me (1) what you do, (2) what limitation you’re dealing with, and (3) what your employer said or did, I can help you map out (a) the cleanest accommodation request and (b) the smartest way to protect your job and your claim if the employer won’t cooperate.