The Federal Government created the Pregnant Workers Fairness Act (PWFA) to protect pregnant workers and the Americans with Disabilities Act (ADA) to protect workers with disabilities. Both laws require covered employers* to provide reasonable accommodations to qualified employees who need support to perform their essential job duties.
It is critical for employers to handle accommodation requests appropriately—not only to ensure legal compliance but also to promote a fair and inclusive workplace. This article outlines a clear, compliant process for managing accommodation requests under the ADA and PWFA.
*Under federal law, a covered employer is generally defined as an employer who meets certain size or sector criteria and is therefore subject to specific federal employment regulations. For the ADA and the PWFA, a covered employer typically includes:
- Private employers with 15 or more employees
- State and local governments, regardless of the number of employees
- Employment agencies and labor organizations
What is the Pregnant Workers Fairness Act?
The PWFA protects employees and applicants with physical or mental conditions related to pregnancy, childbirth, or related medical conditions. The law mandates that covered employers provide “reasonable accommodations” to qualified employees or job applicants with known limitations due to pregnancy, childbirth, or related medical conditions, unless doing so would cause the employer “undue hardship.”
The PWFA focuses solely on accommodations, while other laws enforced by the Equal Employment Opportunity Commission (EEOC) prohibit firing or discrimination against employees or applicants because of pregnancy or related conditions. Additionally, the PWFA does not override any federal, state, or local laws that offer greater protections for workers impacted by pregnancy or childbirth. Currently, over 30 states and cities have laws requiring accommodations for pregnant workers.
What is the Americans with Disabilities Act?
The ADA is a civil rights law that protects individuals with disabilities from discrimination in many areas of public life, including employment, education, transportation, and access to public and private places that are open to the general public.
Under the ADA, covered employers must provide “reasonable accommodations” to qualified employees or job applicants with disabilities, unless doing so would cause “undue hardship” for the employer. These accommodations are intended to help individuals with disabilities perform their jobs or access the application process.
The ADA is enforced by several federal agencies, including the EEOC when it comes to workplace protections. Other sections of the law are enforced by the Department of Justice and the Department of Transportation, among others.
The ADA works alongside other federal, state, and local laws that may offer additional protections for individuals with disabilities. Many states and cities have their own disability rights laws that go beyond the federal requirements.
Steps to Properly Address Employee Accommodation Requests Under the ADA and PWFA
In order to stay compliant with federal employer laws, it is essential for covered employers to respond promptly and effectively to an employee’s request for reasonable accommodation under the ADA or PWFA. Here is a list of steps to help your business stay compliant:
1. Recognize Accommodation Requests
Most employees are not familiar with employer laws, including the ADA and the PWFA, so employers must be on the lookout for accommodation requests that may be covered. For example, a pregnant employee may ask for a stool but won’t mention the PWFA in their request.
Train managers and supervisors to recognize accommodation requests and handle them appropriately.
2. Be Proactive
Employers don’t need to wait for formal requests. If a manager sees a pregnant or disabled employee struggling, it’s acceptable—and encouraged—to initiate a supportive conversation.
3. Engage in Dialogue
If you’re unsure about what an employee is asking for or what their needs might be, it’s best to ask clarifying questions to be sure you understand their needs and why they require an accommodation.
The first step is to clarify the employee’s limitations related to their pregnancy or childbirth (under the PWFA) or disability (under the ADA).
4. Gather Information
The employee is often the best source of information about their needs. Ask them how their condition or limitation is affecting their ability to perform their job overall, and which specific tasks are challenging, and what changes would help
5. Request Medical Documentation (if necessary)
If the disability and/or need are not obvious to an outside observer, it may be a good idea to request documentation from the individual’s healthcare provider to substantiate the disability and need for accommodation.
Documentation should describe the nature, severity, and duration of the impairment and how it limits the employee’s ability to perform job activities. Do not request the employee’s complete medical records. You can maintain the confidentiality of medical information received during the process by storing it separately from the employee’s personnel file.
6. Assess the Employee’s Job and Potential Accommodations
Once you have determined that an employee is entitled to reasonable accommodations, review their job description to identify essential job functions (core duties) and marginal functions (less important tasks). Next, collaborate with the employee to explore potential accommodations that address the limitations and enable them to perform their essential job functions.
Accommodations can include modified duties, flexible schedules, altered work environments, or assistive technology. The Job Accommodation Network (JAN) offers free guidance and resources for employers about job accommodations if you need some ideas.
7. Implement the Accommodation
Once reasonable (and helpful) accommodations have been identified and screened for “undue hardship” such as significant difficulty or expense to the employer, implement them promptly. Ensure all necessary steps are taken for smooth implementation, including training and equipment installation.
8. Document the Decision and Action
Document every step of the process, including communication, decisions, and actions taken. Clearly communicate the chosen accommodation(s) to the employee in writing, including the implementation date. This documentation protects the business and ensures accountability.
9. Monitor and Adjust
It is a good idea to periodically assess the effectiveness of the accommodation(s) with the employee and engage in open communication about any changes or issues related to the accommodation(s). Be prepared to modify accommodations as the employee’s condition or job duties evolve.
By following these steps, employers can ensure compliance with accommodation requests under the ADA and PWFA and create a more inclusive and supportive work environment.
Seay HR Can Help with Compliance
Seay HR provides a broad range of HR services designed to support your business’s growth and ensure compliance with all state and federal employer regulations, including the ADA and PWFA. From HR management audits to employee handbook development to personalized consulting, our team is here to help you in every aspect of human resources so you can get on with running your business.
Contact us today to learn more about how we can ensure your business is compliant with all employer regulations.
Please note: This article is for informational purposes only and does not constitute legal or professional advice. Seay Management Consultants makes no representations or warranties, express or implied, regarding the accuracy, completeness, or applicability of the information contained herein.
Seay Management Consultants disclaims all liability for any actions taken or not taken based on the information in this article. Readers are solely responsible for their own interpretation and use of this information.
