If you think the Pregnant Workers Fairness Act (PWFA) is simply the Americans with Disabilities Act (ADA) for pregnancy, think again! Although there are similarities between the two laws, there are significant differences that are essential for employers to understand to stay out of hot water with the Equal Employment Opportunity Commission (EEOC).

In 2023, the first year after the PWFA took effect, nearly 2,000 initial charges were received by the EEOC. As of September 2024, the agency began pursuing its first three lawsuits against employers under the PWFA and announced a settlement with a fourth employer. To help ensure compliance and avoid litigation, it’s imperative for employers to know their respective obligations under both laws.

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Here’s how the two laws stack up against each other on key provisions:

 

Americans with Disabilities Act (ADA)​

Pregnant Workers Fairness Act (PWFA)

Covered reasons:

Covers physical or mental impairments that substantially limit one or more major life activities. Pregnancy and minor or temporary conditions are not covered.

A known limitation related to, affected by or arising out of pregnancy, childbirth or related medical conditions. No minimum severity. Includes minor and temporary conditions.

Essential functions:

The employee must be able to perform the essential functions of the job, with or without reasonable accommodations.

The employee does not have to be able to perform the essential functions of the job if the inability to perform is "temporary," if they could be performed in the "near future," and if the inability to perform them can be reasonably accommodated.

Requiring leave as accommodation:

Employers may choose to require an employee to take leave, even if there is another reasonable accommodation.

Employers may not require an employee to take leave if there is another reasonable accommodation. Doing so may violate the PWFA.

Focus for employers:

The focus is on understanding functional limitations for the purpose of determining reasonable, effective accommodations.

The focus is on making prompt decisions due to the temporary nature of pregnancy. Employers are strongly encouraged to provide interim accommodations, even if they believe additional information is needed.

Allowable requests for documentation:

Supporting documentation should substantiate why the requested reasonable accommodation is needed and may describe:

  • The nature, severity and duration of the impairment.
  • The activity or activities that the impairment limits.
  • The extent to which the impairment limits the employee’s ability to perform the activity or activities.

Supporting documentation cannot be required for any of the four “predictable assessments”1 and is limited only to the minimum needed to:

  • Confirm the physical or mental condition at issue (does not need to be a disability).
  • Confirm the physical or mental condition is related to, affected by or arising out of pregnancy, childbirth or related medical conditions.
  • Describe the adjustment or change at work that is needed due to the limitation.

To learn more about the Pregnant Workers Fairness Act and the benefits of Symetra's Absence Management program, contact your Symetra representative.

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