Pregnancy accommodations under the ADA apply when a pregnancy-related condition substantially limits a major life activity, such as gestational diabetes, preeclampsia, cervical insufficiency, anemia, sciatica, or depression.1U.S. Equal Employment Opportunity Commission. Helping Patients Deal With Pregnancy-Related Limitations and Restrictions at Work Under the ADA A routine, healthy pregnancy on its own does not meet that bar. For everyday pregnancy limitations that don’t rise to a disability, a separate federal law, the Pregnant Workers Fairness Act, fills the gap and requires employers with 15 or more employees to accommodate any known limitation related to pregnancy, childbirth, or related conditions.2U.S. Equal Employment Opportunity Commission. Pregnant Workers Fairness Act Both laws apply to the same size employer, and both require the same core response: a reasonable accommodation unless the employer can show undue hardship.
When Pregnancy Qualifies as a Disability Under the ADA
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. The ADA Amendments Act of 2008 broadened that definition so that even temporary impairments can qualify if they are sufficiently severe.3Office of the Law Revision Counsel. 42 US Code 12102 – Definition of Disability Pregnancy itself isn’t automatically covered, but complications often are.
The EEOC identifies several pregnancy-related conditions that can meet the ADA’s threshold. Gestational diabetes limits the endocrine system. Preeclampsia affects the circulatory system. Pregnancy-induced sciatica interferes with walking and standing. Cervical insufficiency, anemia, and depression can each substantially limit a major bodily function or life activity.1U.S. Equal Employment Opportunity Commission. Helping Patients Deal With Pregnancy-Related Limitations and Restrictions at Work Under the ADA If you have a diagnosis like one of these, ADA protections are available in addition to the PWFA.
What the PWFA Adds for Ordinary Pregnancy Limitations
Before the PWFA took effect in June 2023, a pregnant worker who needed an accommodation had to prove her condition qualified as a disability under the ADA. That left many workers with common pregnancy discomforts unprotected. The PWFA eliminated the disability requirement and covers any “known limitation” — a physical or mental condition related to pregnancy, childbirth, or related medical conditions that the worker has communicated to the employer.2U.S. Equal Employment Opportunity Commission. Pregnant Workers Fairness Act
In practice, that means nausea, fatigue, back pain, more frequent bathroom breaks, and recovery from childbirth can all trigger an employer’s obligation to provide a reasonable accommodation, as long as doing so would not impose an undue hardship on the business.4Office of the Law Revision Counsel. 42 US Code 2000gg-1 – Nondiscrimination With Regard to Reasonable Accommodations Related to Pregnancy
The PWFA also allows something the ADA does not. It can require temporarily suspending an essential job function. Under the ADA, if you can’t perform the essential functions of your job, you generally aren’t “qualified” for the position. The PWFA changes that for pregnant workers. You remain qualified even if you temporarily cannot perform an essential function, provided the inability is temporary, you could resume the function in the near future (generally within 40 weeks), and the suspension can be reasonably accommodated.5U.S. Equal Employment Opportunity Commission. Summary of Key Provisions of EEOCs Final Rule to Implement the Pregnant Workers Fairness Act
Accommodations You Can Request
The EEOC has published specific examples of accommodations that may be required.6U.S. Equal Employment Opportunity Commission. What You Should Know About the Pregnant Workers Fairness Act They fall into a handful of categories:
- Physical modifications, such as a stool for a worker who normally stands, lighter duty or help with lifting, safety equipment or uniforms that fit a changing body, and closer parking.
- Break and policy changes, including more frequent or longer breaks for water, food, rest, or restroom use, and permission to keep a water bottle or snacks at a workstation where food is normally restricted.
- Schedule adjustments, like a later start time to manage morning nausea, shorter hours, part-time work, or time off for prenatal appointments.
- Job structure changes, including telework when job duties allow, temporary reassignment to a less physically demanding role, or temporary suspension of an essential function.
- Recovery leave for childbirth or other pregnancy-related medical conditions.
The word doing the work is “reasonable.” An accommodation doesn’t have to be the exact one you request, but it does need to effectively address your limitation. A retail worker with pelvic pain who asks for a chair will likely get one. An office worker who asks to start at 10 a.m. instead of 8 a.m. to manage nausea may get that schedule shift, or a telework arrangement that accomplishes the same goal.
How to Request an Accommodation
You don’t need magic words. Under the PWFA, the process starts when you tell your employer about a limitation related to pregnancy and your need for a change at work. The request can be verbal or written, and it can come from you or from someone acting on your behalf, like a doctor or family member. Putting it in writing creates a record that protects you if things go sideways later.
A healthcare provider’s note strengthens the request considerably. The note should describe your specific functional limitations, such as difficulty standing for more than 30 minutes, lifting over a certain weight, or maintaining a standard schedule, and it should recommend specific changes. A note that says “restrict lifting to 10 pounds and provide a 15-minute break every two hours” gives your employer clear, actionable information. Vague notes that say “accommodate as needed” tend to slow things down.
The Interactive Process
Once your employer receives the request, both sides enter what’s called the interactive process, a back-and-forth conversation to find an accommodation that works. The employer may ask questions about your limitations, suggest alternatives, or explain why a particular request isn’t feasible for your role. You’re expected to participate in good faith, and so are they.
If your employer proposes a different accommodation than the one you requested, it still needs to effectively address your limitation. Asking for a private room and being offered a cubicle with a privacy screen might be reasonable. Asking for reduced lifting and being offered nothing is not a good-faith response. Employers should document the agreed-upon accommodation in writing, including when it starts and how long it lasts.7eCFR. 29 CFR 1630.9 – Not Making Reasonable Accommodation
The Undue Hardship Limit
Neither the PWFA nor the ADA requires an accommodation that would cause undue hardship, meaning significant difficulty or expense relative to the business’s resources and operations. The statute lists specific factors: the cost of the accommodation, the financial resources of the facility, the overall size of the business, and the type of operations conducted.8Office of the Law Revision Counsel. 42 USC 12111 – Definitions
A 10-person company and a Fortune 500 employer face very different thresholds. A $200 ergonomic stool is unlikely to be an undue hardship for any business. Hiring a full-time temporary replacement while restructuring a department might be for a small one. Employers need to show actual hardship; inconvenience or ordinary cost isn’t enough. If one accommodation is too expensive, the employer still has to look for an alternative that addresses your limitation without the same burden.
Your Employer Cannot Force You Onto Leave
This is one of the PWFA’s most important protections, and it’s where many employers get it wrong. If a reasonable accommodation other than leave is available, your employer cannot require you to take leave instead, whether paid or unpaid.2U.S. Equal Employment Opportunity Commission. Pregnant Workers Fairness Act Telling a pregnant worker with restrictions to “just go on leave early” now violates federal law when a workplace modification could keep her on the job.
The same principle applies under the ADA. EEOC guidance says policies requiring employees to be “100 percent healed” or able to work without any restrictions before returning from leave may violate the law, because they deny accommodations that would allow the worker to come back sooner.9U.S. Equal Employment Opportunity Commission. Employer-Provided Leave and the Americans With Disabilities Act If you can do your job with a modified schedule or a temporary lifting restriction, that has to be considered before defaulting to leave.
Retaliation and Filing a Charge
Requesting an accommodation is protected activity. Under the ADA, no employer may discriminate against you for opposing an unlawful practice, filing a charge, or participating in an investigation, and it’s illegal to coerce, intimidate, or threaten anyone for exercising these rights.10Office of the Law Revision Counsel. 42 USC 12203 – Prohibition Against Retaliation and Coercion The PWFA carries the same protections, using the same enforcement framework as Title VII of the Civil Rights Act.
Retaliation isn’t always obvious. Cutting your hours after you submit a request, reassigning you to a dead-end role, suddenly giving you negative performance reviews, or creating a hostile environment because you asked for a stool can all qualify.
If your employer denies a reasonable accommodation, retaliates, or refuses to engage in the interactive process, you can file a charge with the Equal Employment Opportunity Commission. The standard deadline is 180 calendar days from the date of the unlawful action. That deadline extends to 300 days if your state has its own agency enforcing a law that prohibits the same type of discrimination.11U.S. Equal Employment Opportunity Commission. How to File a Charge of Employment Discrimination Most states have such an agency, but verify your state’s deadline before waiting.
Remedies in a successful case can include reinstatement, back pay, and out-of-pocket costs like medical expenses and job search costs. Compensatory damages for emotional harm and punitive damages for especially reckless conduct are also available, though federal law caps the combined amounts based on employer size, from $50,000 for employers with 15 to 100 employees up to $300,000 for those with more than 500.12U.S. Equal Employment Opportunity Commission. Remedies for Employment Discrimination The PWFA provides the same remedies and procedures as Title VII, including attorney’s fees and court costs for the prevailing party.13Office of the Law Revision Counsel. 42 US Code 2000gg-2 – Remedies and Enforcement