DEPARTMENT OF THE ARMY

OFFICE OF THE ASSISTANT SECRETARY

MANPOWER AND RESERVE AFFAIRS

111 ARMY PENTAGON

WASHINGTON, DC 20310-0111

 

SAMR-EI (690-12) 27 June 2023 

MEMORANDUM FOR SEE DISTRIBUTION 

SUBJECT: Department of the Army Interim Guidance for Complying with the Pregnant 

Workers Fairness Act

1. References. 

a. Pregnant Workers Fairness Act, H.R.1065. 117th Congress (2021-2022) 

b. Rehabilitation Act of 1973, as amended, Public Law No. 114–95, Enacted 

10 December 2015. 

c. Part 1630, Title 29, Code of Federal Regulations, Regulations to Implement 

the Equal Employment Provisions of the Americans with Disabilities. 

d. AR 690-12 (Equal Employment Opportunity and Diversity), 12 December

2019. 

2. This memorandum provides interim guidance on complying with the Pregnant 

Workers Fairness Act (PWFA), which was enacted in December 2022 and took effect 

on 27 June 2023. The Equal Employment Opportunity Commission (EEOC) has not yet 

issued the implementing regulations required by the PWFA but has stated that it will 

process claims under the PWFA for situations that arise on or after June 27, 2023. The 

Department of Defense guidance is also pending as of the date of this memorandum.

Further Department of the Army (DA) guidance will follow these issuances.

3. The PWFA amends the Rehabilitation Act of 1973, as amended (Rehabilitation Act), 

under which covered employers, to include the DA, provide reasonable accommodation 

(RA) to qualified applicants and employees with disabilities. The PWFA expands that 

coverage by requiring federal agency employers to provide RA for a worker’s known 

limitations related to pregnancy, childbirth, or pregnancy-related medical conditions, 

regardless of whether the conditions qualify as disabilities, unless the accommodations 

would impose an “undue hardship” on the employer’s operations, as defined in 29 Code 

of Federal Regulation 1630.2(p). 
SAMR-EI (690-12)

SUBJECT: Department of the Army Interim Guidance for Complying with the Pregnant 

Workers Fairness Act

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a. The RA process under the Rehabilitation Act involves an individualized 

assessment and interactive process between the individual and the designated 

decision-maker to determine if the individual is qualified for the job they hold or desire, if 

they have a covered disability, and if they require RA to apply for a job, perform the 

essential functions of the job, or enjoy the benefits and privileges of employment. 

b. The RA process under the PWFA is the same, except that eligibility is not 

dependent on the existence of a disability and, thus, the definition of “qualified” is 

different. Under the PFWA, pregnancy, childbirth, and certain related medical conditions 

are not disabilities in and of themselves. The PWFA also specifically covers temporary 

inability to perform an essential job function, whereas the Rehabilitation Act does not 

require removal of any essential job functions as RA.

 

4. Individuals who wish to request an accommodation under the PWFA should follow 

the RA procedures outlined in Army Regulation (AR) 690-12, Appendix C and posted on 

the Army website: https://www.army.mil/armyequityandinclusion#org-accessibility. 

Individuals requesting RA are to contact their supervisor and/or their servicing Equal 

Employment Opportunity (EEO) Office. Where the need for accommodation is due 

entirely to functional limitations covered by the PWFA, medical information related to 

disability is not applicable, and should not be collected. The sample template provided 

at AR 690-12 Figure C-2 is readily adaptable for this purpose.

5. The DA EEO Officers will oversee and manage the RA process in their serviced 

areas, retain all records relating to PWFA RA requests, and report to the Deputy 

Assistant Secretary of the Army (Equity and Inclusion Agency) by 29 December 2023, 

the number of PWFA RA requests received in calendar year 2023, the number of 

requests approved, and the number of requests denied, along with the reason for 

denial.

6. The PWFA also requires covered employers to post a notice describing the law's 

protections. An infographic and fact sheet on the PWFA provided by the EEOC are 

enclosed for posting at your facility in places where such notices are normally posted. 

7. Point of contact for questions concerning the PWFA is Ms. Rosemary Salak, DA 

Disability Program Manager at rosemary.salak.civ@army.mil. 

Encls LYLE J. HOGUE

Acting Deputy Assistant Secretary of the Army 

 (Equity and Inclusion Agency) 
SAMR-EI (690-12)

SUBJECT: Department of the Army Interim Guidance for Complying with the Pregnant 

Workers Fairness Act

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DISTRIBUTION:

Principal Officials of Headquarters, Department of the Army 

Commander

U.S. Army Forces Command

U.S. Army Training and Doctrine Command

U.S. Army Materiel Command

U.S. Army Futures Command

U.S. Army Pacific

U.S. Army Europe and Africa

U.S. Army Central

U.S. Army North

U.S. Army South

U.S. Army Special Operations Command

Military Surface Deployment and Distribution Command

U.S. Army Space and Missile Defense Command/Army Strategic Command

U.S. Army Cyber Command

U.S. Army Medical Command

U.S. Army Intelligence and Security Command

U.S. Army Corps of Engineers

U.S. Army Military District of Washington

U.S. Army Test and Evaluation Command

U.S. Army Human Resources Command

U.S. Army Corrections Command

Superintendent, U.S. Military Academy Commandant, U.S. Army War College

Director, U.S. Army Civilian Human Resources Agency Executive Director, Military 

Postal Service Agency Director, U.S. Army Criminal Investigation Division Director, 

Civilian Protection Center of Excellence Superintendent, Arlington National Cemetery

Director, U.S. Army Acquisition Support Center

CF:

Principal Cyber Advisor

Director of Enterprise Management

Commander, Eighth Army