Employers navigating workplace accommodations must understand the distinctions between the Americans with Disabilities Act (ADA) and the Pregnant Workers Fairness Act (PWFA). While both laws provide protection, they serve different purposes. Here are three key differences:
Who Is Covered?
- ADA: Protects employees with disabilities that substantially limit major life activities.
- PWFA: Protects employees experiencing pregnancy, childbirth, or related medical conditions, even if they don’t have a disability.
Reasonable Accommodations
- ADA: Requires accommodations only if an employee has a disability that meets the legal definition.
- PWFA: Mandates accommodations for pregnant workers without requiring proof of disability.
Interactive Process
- ADA: Employers and employees must engage in a back-and-forth discussion to determine reasonable accommodations.
- PWFA: Employers must engage in the interactive process but cannot force a pregnant worker to take leave if another accommodation is available.
While the ADA protects individuals with disabilities, the PWFA specifically ensures pregnant employees receive reasonable accommodations—even if they don’t have a qualifying disability.
Employers should review policies to ensure compliance with both laws. Need help navigating these requirements? ConnectBridge is here to help!