PWFA vs. ADA — Understanding When Both Laws Apply

10/26/2025

The Pregnant Workers Fairness Act (PWFA) and the Americans with Disabilities Act (ADA) both require employers to provide reasonable accommodations—but they apply in different ways. The ADA covers disabilities that substantially limit major life activities, while the PWFA extends those protections to pregnancy-related limitations, even if they don’t qualify as disabilities. Understanding when the PWFA and ADA both apply is key to building compliant, consistent HR policies that protect employees and reduce legal risk.

The Key Difference Between PWFA and ADA

The fundamental difference between these two laws lies in their scope and triggers. The Americans with Disabilities Act protects qualified employees with disabilities, defined as physical or mental impairments that substantially limit one or more major life activities. A normal, healthy pregnancy is not considered a disability under the ADA.

The Pregnant Workers Fairness Act, effective since June 27, 2023, was designed to fill this gap. It requires covered employers (those with 15 or more employees) to accommodate known limitations related to pregnancy, childbirth, or related medical conditions. The key distinction is that a "known limitation" under the PWFA does not need to rise to the level of an ADA-defined disability. This results in much broader protection for pregnant and postpartum workers, covering everything from morning sickness to recovery from childbirth.

When the PWFA and ADA Overlap

While the PWFA and ADA have different triggers, there are many situations where a pregnancy-related condition is serious enough to be covered by both laws. This overlap occurs when a condition related to pregnancy, childbirth, or a related medical issue is severe enough to substantially limit a major life activity. In these cases, the employee is protected by the ADA and the PWFA simultaneously.

Examples of conditions that may trigger both PWFA and ADA protections include:

• Gestational Diabetes: This condition can substantially limit major life activities such as eating and endocrine function, triggering ADA coverage. As a pregnancy-related medical condition, it is also automatically covered by the PWFA.
• Pregnancy-Related Hypertension or Preeclampsia: These conditions can severely impact cardiovascular and circulatory functions, qualifying as disabilities under the ADA. They are also known limitations related to pregnancy under the PWFA.
• Postpartum Depression or Anxiety: Severe postpartum depression or anxiety can substantially limit major life activities like concentrating, thinking, sleeping, and interacting with others, bringing it under the ADA's protection. It is also a "related medical condition" covered by the PWFA.
• Complications Requiring Significant Work Restrictions: A condition that requires strict bed rest or imposes severe, long-term lifting restrictions could substantially limit major life activities like working or lifting, thus triggering the ADA. The PWFA would apply as well.

In any of these scenarios, the employer’s duty to accommodate is activated under both legal frameworks, requiring a careful and coordinated compliance approach.

How the Interactive Process Works Under Both Laws

Both the PWFA and the ADA require employers to engage in a good-faith "interactive process" to identify an effective reasonable accommodation. This process is an informal dialogue between the employer and the employee to discuss the employee's limitation and explore potential solutions.

The PWFA interactive process mirrors the ADA's expectations but applies them to a broader set of temporary and non-disabling pregnancy limitations. Because of this similarity, employers should use a single, unified process to handle all accommodation requests, regardless of which law triggers them. This ensures consistency and reduces the risk of compliance errors.

A unified interactive process should always include:

• A Prompt Response: Acknowledge the request quickly. Unnecessary delays can be considered a denial of accommodation.
• A Good-Faith Dialogue: Discuss the employee’s needs and potential solutions openly and collaboratively.
• Clear Documentation: Keep a written record of every conversation, accommodation offered, decision made, and implementation plan. This documentation is your best defense in case of a dispute.

Comparing Employer Obligations — PWFA vs. ADA

Understanding the nuances between the two laws helps clarify your obligations. While the goal is the same—providing support—the triggers, timelines, and documentation standards can differ.

Category	Pregnant Workers Fairness Act (PWFA)	Americans with Disabilities Act (ADA)
Who’s Covered	Applicants and employees with limitations related to pregnancy, childbirth, or related medical conditions.	Qualified individuals with disabilities (physical or mental impairments that substantially limit a major life activity).
Trigger	A "known limitation" related to pregnancy that has been communicated to the employer.	A "disability" that substantially limits one or more major life activities.
Type of Accommodation	Often temporary and straightforward job modifications (e.g., extra breaks, schedule changes, seating, lighter duties).	Can be temporary or long-term, and may be more complex (e.g., job restructuring, assistive technology, reassignment).
Medical Documentation	Limited; should only be requested when the need for accommodation is not obvious. Over-requesting is discouraged.	Often required to verify the existence of a disability and the need for an accommodation.
Duration	Typically temporary or short-term, corresponding with the duration of the pregnancy-related limitation.	May be temporary, long-term, or indefinite, depending on the nature of the disability.
Employer Defense	Undue hardship (significant difficulty or expense).	Undue hardship (significant difficulty or expense).

Coordinating PWFA and ADA Obligations

When a condition is covered by both the PWFA and the ADA, employers must navigate their obligations carefully to ensure full compliance. The key is to provide the employee with the greatest protection available under either law.

Follow these steps for effective PWFA and ADA coordination:

1. Evaluate the Condition: Determine if the employee’s limitation meets the threshold for both laws. Does it substantially limit a major life activity (ADA), and is it a known limitation related to pregnancy (PWFA)? When in doubt, assume both apply.
2. Apply Both Protections: The employee is entitled to the rights available under both statutes. For instance, the PWFA protects employees who are temporarily unable to perform an essential job function, a protection that is much broader than the ADA's.
3. Use a Unified Interactive Process: Avoid creating separate, duplicative processes. Use your standard interactive process to discuss the limitation and identify effective accommodations that satisfy both laws.
4. Maintain Strict Confidentiality: As with any medical information, details about an employee's condition must be kept in a separate, confidential medical file. Supervisors should only be informed of the necessary work restrictions, not the underlying diagnosis.
5. Document Your Decisions: Clearly record how both laws were considered when making an accommodation decision. This demonstrates a thorough, good-faith effort.

Practical Examples — When Both Apply

Seeing the PWFA and ADA overlap in real-world scenarios helps clarify how to respond.

Example 1: Gestational Diabetes
An administrative assistant develops gestational diabetes during her pregnancy. Her doctor recommends she monitor her blood sugar levels throughout the day and eat snacks at regular intervals to keep them stable.

• PWFA Application: Her condition is a known limitation related to pregnancy. She is entitled to accommodations like more frequent breaks for snacks and testing.
• ADA Application: Gestational diabetes can substantially limit endocrine function and eating, major life activities under the ADA.
• Employer’s Duty: The employer must engage in the interactive process to provide reasonable accommodations, such as allowing flexible breaks and permitting her to keep food at her desk, in compliance with both laws.

Example 2: Pregnancy-Related Back Pain
A graphic designer experiences severe sciatica due to her pregnancy, making it painful to sit for long periods and limiting her mobility. She requests a standing desk and the ability to take short walking breaks every hour.

• PWFA Application: Her back pain is a physical limitation related to pregnancy, triggering accommodation duties under the PWFA.
• ADA Application: If the sciatica is severe enough to substantially limit major life activities like sitting, standing, or walking, it qualifies as a disability under the ADA.
• Employer’s Duty: The employer must provide reasonable accommodations. A standing desk and flexible breaks are low-cost solutions that satisfy both the PWFA and the ADA.

Example 3: Postpartum Depression
After returning from maternity leave, a project manager is diagnosed with postpartum depression. She struggles with concentration and feels overwhelmed by a full-time return to the office. She requests a temporary hybrid schedule and access to telehealth appointments during the workday.

• PWFA Application: Postpartum depression is a "related medical condition" covered by the PWFA.
• ADA Application: If the depression substantially limits major life activities like concentrating, thinking, and interacting with others, it is also an ADA-covered disability.
• Employer’s Duty: The employer must explore accommodations. A temporary hybrid schedule and flexibility for medical appointments are common, reasonable accommodations under both laws.

Avoiding Compliance Pitfalls When Both Laws Apply

When navigating the PWFA and ADA overlap, employers can stumble into several common traps.

• Treating PWFA as Optional: Some employers mistakenly believe that if a condition is an ADA disability, they only need to follow ADA rules. This is incorrect. The PWFA may offer broader protections (like for temporary inability to perform essential functions) that must also be applied.
• Requesting Unnecessary Medical Documentation: Because a condition may be an ADA disability, HR might default to requesting extensive medical documentation. However, under the PWFA, if the need is obvious, this can be a violation. Always tailor documentation requests to be as limited as possible.
• Ignoring Postpartum or Lactation Needs: Some employers focus only on pregnancy itself, forgetting that both laws cover postpartum conditions like recovery from childbirth, postpartum depression, and lactation.
• Applying One Law in a Silo: Failing to consider both laws can lead to providing a less protective accommodation than what the employee is entitled to.

Tip: When in doubt, assume both laws apply. Follow the interactive process diligently, document the rationale for your decision, and aim to provide the most supportive, effective accommodation possible.

Integrating PWFA and ADA into One Policy

The most effective way to manage the overlap is to integrate PWFA and ADA requirements into a single, unified reasonable accommodation policy. This creates clarity for employees and ensures a consistent process for HR and managers.

Your updated policy should include:

• Clear Definitions: Define both "disability" under the ADA and "known limitation related to pregnancy, childbirth, or related medical conditions" under the PWFA.
• A Unified Intake Process: State that accommodation requests can be made verbally or in writing to a manager or HR, without needing to cite a specific law.
• Confidentiality and GINA Safeguards: Reiterate that all medical information is confidential and will be stored separately. Include a commitment to making GINA-safe requests for any required medical documentation.
• A Commitment to Manager Training: Outline that all managers will be trained to recognize and escalate accommodation requests appropriately.

Sample Policy Statement:

"[Company Name] provides reasonable accommodations for qualified individuals with disabilities under the ADA and for known limitations related to pregnancy, childbirth, or related medical conditions under the PWFA. We are committed to a timely, good-faith interactive process to identify effective accommodations."

How the PWFA Expands Beyond ADA Protections

It is crucial to remember that the PWFA was created specifically because the ADA did not go far enough. The ADA does not consider a normal, uncomplicated pregnancy to be a disability. This left a significant gap where employees with common but limiting pregnancy-related needs had no clear right to accommodations.

The PWFA bridges that gap. It ensures that even typical pregnancy needs are covered, such as:

• More frequent breaks for fatigue or morning sickness.
• Access to seating for jobs that require standing.
• Temporary limits on heavy lifting.
• Accommodations for lactation.

Together, the PWFA and ADA create a comprehensive compliance framework. The PWFA provides a broad protective floor for all pregnancy-related needs, while the ADA adds another layer of protection for more serious, disabling conditions.

Key Takeaways — Applying Both Laws Confidently

Navigating the intersection of the PWFA and ADA does not have to be complicated. By following a few core principles, employers can manage their obligations with confidence.

• Treat the PWFA and ADA as complementary, not competing, laws.
• When both apply, the employee is entitled to the stronger protection or greater right available under either law.
• Always engage in a prompt, well-documented interactive process.
• Focus on providing an effective accommodation that supports the employee without causing an undue hardship on the business.
• Regularly review and update your policies and training to reflect the latest guidance.

See How ADA and PWFA Work Together in Your Compliance Plan

Stay compliant and confident. Understanding the legal nuances is the first step, but implementing a compliant process is what protects your organization. Our PWFA & ADA Compliance Training Program helps HR professionals and managers understand how both laws apply—and how to prevent costly violations before they happen.

Frequently Asked Questions

Does the ADA cover pregnancy?
No, a normal, uncomplicated pregnancy is not considered a disability under the Americans with Disabilities Act (ADA). However, certain pregnancy-related complications, such as gestational diabetes or preeclampsia, may qualify as disabilities if they substantially limit a major life activity.

When do the PWFA and ADA both apply?
Both laws apply when a condition related to pregnancy, childbirth, or a related medical issue is serious enough to qualify as a disability under the ADA. In this case, the employee has protections under both the PWFA (because the condition is pregnancy-related) and the ADA (because it is a disability).

What are examples of accommodations under both laws?
Examples include modified work schedules to manage fatigue or medical appointments, ergonomic equipment like a standing desk for back pain, temporary reassignment of strenuous duties, or unpaid leave for recovery if other accommodations are not feasible.

Do employers need separate policies for PWFA and ADA?
No, it is best practice to create a single, unified reasonable accommodation policy that addresses the requirements of both the PWFA and the ADA. This ensures a consistent process for all accommodation requests.

What is the PWFA effective date and coverage threshold?
The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. It applies to private and public sector employers with 15 or more employees.