Justice Manual § 8-2.215

The Pregnant Workers Fairness Act (PWFA), 42 U.S.C. §§ 2000gg to 2000gg-6, requires employers to provide reasonable accommodations to an employee’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. The PWFA applies to employers, labor organizations, employment agencies, state and local governments, governmental agencies, political subdivisions, and the federal government. Under the PWFA, it is unlawful to deny a reasonable accommodation that does not pose an undue hardship, to require an employee to accept an accommodation other than a reasonable accommodation arrived at through the interactive process, to deny employment opportunities to an employee based on the need to make reasonable accommodations, or to require an employee to take leave if another accommodation can be provided. In addition, the PWFA forbids an employer from taking any adverse actions with respect to the terms, conditions, or privileges of employment based on an employee requesting or using a reasonable accommodation, as well as retaliation or coercion for engaging in activities protected by the PWFA.

The Department of Justice shares enforcement authority under the PWFA with the Equal Employment Opportunity Commission (EEOC). The Department of Justice has authority to seek to remedy violations by state and local governments and their agencies and political subdivisions. The EEOC has authority to remedy violations by private employers. The EEOC also has primary enforcement responsibility with respect to allegations of violations by the federal government.

In the case of a PWFA charge against a state or local government or governmental agency, if the EEOC has found reasonable cause to believe a violation has occurred and has been unable to secure an acceptable conciliation agreement, it will refer the charge to the Civil Rights Division, Employment Litigation Section, which may file a civil action under the PWFA. In addition, the Employment Litigation Section may, without prior referral, initiate pattern or practice suits under the PWFA against state or local government employers.

Persons who complain to the United States Attorney’s Offices of PWFA violations by employers and other organizations covered by the PWFA, other than the federal government, should be advised immediately to file their complaint with the EEOC. Those who complain of violation by an agency of the federal government should be advised to bring their complaint to the attention of the equal employment opportunity officer of the agency involved and the EEOC.

In addition, when a United States Attorney’s Office receives a complaint or other information suggesting a potential violation of the PWFA, that office should forward the complaint or other information to the Employment Litigation Section as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened; a complaint should be filed; or, in most instances (see JM 8-2.100 and 28 C.F.R. §§ 0.160 to 0.164), a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The United States Attorney’s Office and the Employment Litigation Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

NOTE: The Civil Division generally defends federal agencies in PWFA suits filed by individuals against the federal government. The United States Attorney’s Office should notify the Civil Division, rather than the Civil Rights Division, whenever such a suit is filed in the United States Attorney’s district.