The Pregnant Workers Fairness Act in hiring: applicants, interviews and offers

The Pregnant Workers Fairness Act requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions, unless an accommodation would cause undue hardship, and it covers job applicants as well as employees. In hiring that means three things: accommodate candidates in the interview process, do not reject a qualified candidate because they will need an accommodation, and do not ask about pregnancy to find out.

This page applies the PWFA to the hiring stages recruiters and hiring managers run: invitations, interviews, debriefs and offers. The wider list of topics to avoid, including pregnancy and family plans, is in illegal interview questions, and disability accommodations in the interview process are covered in ADA accommodations in interviews. The difference here is that the PWFA does not require a disability.

What the PWFA requires, in hiring terms

The statute, 42 U.S.C. § 2000gg, took effect on June 27, 2023, and its definition of employee includes applicants. The unlawful practices in § 2000gg-1 translate to the hiring process like this:

The EEOC's What You Should Know page confirms applicants are covered, lists covered employers as private and public employers with 15 or more employees plus Congress, federal agencies, employment agencies and labor organizations, and says the regulation took effect on June 18, 2024. Pregnancy discrimination in hiring decisions is separately prohibited by Title VII as amended by the Pregnancy Discrimination Act.

Where it differs from the ADA

The second row matters most for hiring. Under the EEOC regulation, § 1636.3, "temporary" means lasting for a limited time, and for a current pregnancy the ability to perform the essential function in the near future is generally presumed if it can be done within generally 40 weeks of its suspension. So a candidate who cannot do one essential function, such as heavy lifting, for part of her pregnancy can still be a qualified applicant, and the question becomes whether suspending that function is a reasonable accommodation or an undue hardship for this job.

Interview accommodations

Most requests in the hiring process are small, and the regulation's examples of reasonable accommodation include many of them: breaks, schedule changes, sitting or standing, parking closer to the entrance, telework and time off for appointments. For interviews, typical requests look like:

• Rescheduling around a medical appointment or a difficult part of the day
• A video interview instead of travel late in pregnancy
• Breaks during a long assessment day, with access to water, food and a restroom
• Seating during a site tour or a working interview that would normally be done standing
• A ground-floor or elevator-accessible room, or parking near the entrance
• A private space for a candidate who is breastfeeding or pumping, on an interview day that runs several hours
• Replacing a physical demonstration with a discussion for the part she temporarily cannot do

Put one line in every interview invitation so candidates do not have to guess whether asking will count against them, and route every request to one person:

If you need any adjustment to the interview process, for any reason, reply
to this email or contact [name, email]. You don't need to explain why, and
it won't be shared with the interviewers or affect how you are assessed.

Documentation

Do not ask for a doctor's note to move an interview. Under § 1636.3(l), an employer may only seek supporting documentation when it is reasonable, and the regulation lists situations where it is not reasonable, including when the limitation and the adjustment needed are obvious and the person confirms them, when the employer already has enough information, and when a pregnant person asks for common modifications such as more breaks, food or water, or sitting and standing, and confirms the need. A request to reschedule or sit down needs no paperwork.

Offers when a candidate will need an accommodation

This is where hiring teams get the PWFA wrong, usually in the debrief rather than the interview. Denying a job to a qualified applicant because of the need to accommodate is unlawful under § 2000gg-1(3), and the risk is higher because the conversation happens after the interviews, often informally.

When a finalist has asked for an accommodation that affects the job itself, such as a temporary suspension of lifting duties or leave shortly after starting, the order matters: decide who is the strongest candidate on job-related evidence first, then have HR run the interactive process on what the accommodation would involve, and document any undue hardship analysis with facts about this job and this organization, not assumptions.

What not to ask, say or write

The PWFA does not make the employer investigate. It turns on known limitations the candidate communicates. So the interview rules are the same as they have always been under Title VII:

• Do not ask whether a candidate is pregnant, plans to have children, or when a visible pregnancy is due.
• If a candidate mentions pregnancy, acknowledge it briefly and return to the role. Do not ask about due dates, leave plans or childcare.
• If a candidate asks about leave policies, answer about the policy for all employees, or point them to HR.
• Do not write pregnancy, due dates or accommodation requests into interview notes, scorecards or submittals. Keep accommodation records with whoever handles accommodations. What not to write in interview notes has the full list.
• Describe physical requirements the same way to everyone, followed by "with or without reasonable accommodation."

Interview transcripts deserve the same care as notes. If you use a transcription tool and a candidate raises a pregnancy or a medical detail, pause it, and keep the detail out of anything shared with the hiring team. Interview Signal has a one-click pause for exactly this; with any tool, decide in advance who removes the detail and how.

Agencies and clients

Employment agencies are covered entities under the PWFA according to the EEOC, so an agency recruiter has obligations of their own, not only the client's. Three practical rules for agency desks:

1. Do not filter on a client's hint. "The team is slammed this year, we can't have anyone going on leave" is a request to screen out pregnant candidates. Answer it the way the illegal interview questions page suggests for other protected traits, and escalate if the client insists.
2. Accommodate your own process. Screens, skills tests and agency interviews are part of the hiring process. The invitation line above belongs in yours.
3. Pass on requests, not reasons. If a candidate needs an adjustment for a client interview, tell the client what is needed ("a video interview instead of on-site") without explaining why, unless the candidate asks you to.

The regulation's status and state laws

The EEOC's final regulation was published in April 2024 and took effect on June 18, 2024. In May 2025 a federal court in Louisiana vacated the parts of the regulation that required accommodation of elective abortions and sent them back to the EEOC; the rest of the regulation, including the provisions quoted on this page, remained in effect as of September 2026. The EEOC may revise the rule, so check the EEOC's PWFA page before relying on any detail of the rule. The statute itself does not change without Congress.

Many states and some cities had pregnancy accommodation laws before the PWFA and still do, some covering employers with fewer than 15 employees or requiring written notices. Where a state law gives more protection, follow it too.

A checklist for hiring teams

• Every interview invitation says how to ask for an adjustment, and names one person who handles requests.
• Simple interview accommodations are granted without asking for documentation.
• Nobody asks about pregnancy, family plans or leave intentions.
• Physical requirements are described identically to every candidate, with "with or without reasonable accommodation".
• Accommodation requests and reasons are kept out of notes, scorecards, transcripts shared with the team and submittals.
• The hiring decision is made on job-related evidence before any discussion of a requested accommodation.
• Any undue hardship conclusion is written down by HR with specific facts.
• Client requests that amount to screening out pregnant candidates are refused and escalated.
• State and city pregnancy accommodation rules for the job location have been checked.