Comparison of Americans with Disabilities Act and Pregnant Workers Fairness Act Requirements

The Pregnant Workers Fairness Act (PWFA) is a federal law that went into effect on June 27, 2023, requiring employers to provide reasonable accommodations for the known limitations of employees and applicants related to pregnancy, childbirth, and related medical conditions.

The Americans with Disabilities Act (ADA), signed into law on July 26, 1990, similarly requires employers to provide reasonable accommodations for employees and applicants with disabilities.

Although the Equal Employment Opportunity Commission (EEOC) used ADA-based language when drafting PWFA regulations, there are key differences between the two laws.

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Key Differences Between the ADA and PWFA

1. Who is protected
2. What conditions qualify for reasonable accommodations
3. The severity of conditions required for coverage
4. Whether employees must be able to perform essential job functions
5. Whether employers can require employees to take leave
6. Whether some accommodations must be provided automatically
7. When employers can request medical documentation
8. Whether employers can require medical examinations

Because of these differences, applying ADA standards to PWFA requests may violate the law. Employers should carefully review their obligations under both laws to prevent discrimination claims related to reasonable accommodations.

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ADA and PWFA Background

Both the ADA and PWFA require employers to provide reasonable accommodations for qualifying conditions:

• The ADA applies to disabilities.
• The PWFA applies to pregnancy, childbirth, and related conditions.

The PWFA imposes stricter requirements on employers than the ADA, making it critical for employers to understand their obligations under both laws to avoid legal challenges.

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Similarities Between the ADA and PWFA

Both laws share common reasonable accommodation requirements:

1. Covered Employers

• The ADA and PWFA apply to all employers with 15 or more employees for at least 20 weeks in the current or previous calendar year.

2. Reasonable Accommodations

• Employers must provide reasonable accommodations unless doing so would cause an undue hardship.
• Examples of reasonable accommodations include:
  • Modifying job applications for accessibility.
  • Adjusting job tasks or work environments.
  • Providing benefits or privileges of employment equally.

3. Undue Hardship

• Employers must assess whether an accommodation creates an undue hardship using factors such as cost, business impact, and company size.

4. Interactive Process

• Employers must engage in an interactive process with employees who request accommodations.
• The process does not have to follow a specific format but should be collaborative.
• If an accommodation is obvious, an interactive process may not be required.

5. Essential Job Functions

• Both laws define “essential functions” as fundamental job duties, but differ on how strictly employees must meet them.

6. Prohibited Retaliation

• Both laws protect employees from retaliation for:
  • Requesting or using accommodations.
  • Reporting or opposing discrimination.
  • Participating in legal proceedings.

7. Enforcement

• The EEOC enforces both the ADA and PWFA.

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Key Differences Between the ADA and PWFA

1. Qualified Individuals

ADA	PWFA
Employees must be able to perform essential job functions (with or without accommodations).	Employees may temporarily be unable to perform an essential job function if they will recover in the near future.

• Under PWFA, pregnancy-related limitations are automatically covered without proving disability.
• Temporary means not permanent, and for pregnancy, near future generally means 40 weeks.

2. Known Limitations Covered

ADA	PWFA
Covers physical or mental impairments that substantially limit major life activities.	Covers pregnancy, childbirth, and related conditions, including postpartum depression, lactation, and pregnancy-exacerbated conditions.

3. Required Severity of Condition

ADA	PWFA
The condition must substantially limit a major life activity.	No severity threshold—even minor pregnancy-related limitations qualify.

4. Requiring Leave as an Accommodation

ADA	PWFA
Employers can grant leave as a reasonable accommodation.	Employers cannot require leave if another accommodation allows the employee to keep working.

5. Automatically Provided Accommodations

ADA	PWFA
Employers must assess each accommodation request individually.	Some “predictable accommodations” must be provided automatically, including:

• Carrying water and drinking as needed.
• Additional restroom breaks.
• Sitting or standing as needed.
• Taking breaks to eat and drink. |

6. Requesting Medical Documentation

ADA	PWFA
Employers can request medical documentation if needed.	Employers cannot request medical documentation if:

• The limitation and need for accommodation are obvious.
• The request is for a predictable accommodation.
• The request is related to lactation. |

7. Medical Examinations

ADA	PWFA
Employers may require employees to undergo a medical exam.	Employers cannot require medical exams.

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Employer Takeaways

• The PWFA generally provides broader protections than the ADA.
• Employers cannot treat pregnancy accommodations the same as disability accommodations.
• Failure to comply with PWFA may result in significant penalties, including:
  • Reinstatement
  • Back pay
  • Compensatory and punitive damages
  • Attorney fees and costs

To prevent compliance issues, employers should:
✅ Review policies and procedures for ADA and PWFA compliance.
✅ Train HR teams and managers on handling accommodation requests.
✅ Understand key differences to avoid discrimination claims.