If you have a disability, a medical condition, or a pregnancy related limitation
that makes it hard for you to do your job, you might need to ask for some
special changes at work. These changes can help you perform your tasks
well and stay safe. The law, including the ADA, PWFA and other comparable
statues, requires your employer to help by making reasonable changes,
unless it's too difficult for the business. This ensures that everyone,
no matter their condition, can work and have equal opportunities to succeed.
The Americans with Disabilities Act (ADA), the Pregnant Workers Fairness
Act (PWFA), and other federal and state laws require employers to provide
reasonable accommodations for qualified individuals protected by these laws.
The ADA is a federal law that prohibits employment-related discrimination
against employees and job applicants with a disability. Under the ADA,
employers must provide reasonable accommodations to a caregiver who cannot
perform the essential functions of their job due to a “disability”,
unless the accommodation causes undue hardship. Disability is defined
under the ADA as: a physical or mental impairment that substantially limits
one or more major life activities; a person who has a history or record
of such an impairment; or a person who is perceived by others as having
such an impairment. Workplace accommodations may also be required by Section
503 of the federal Rehabilitation Act of 1973.
The PWFA is a federal law that requires employers to provide a reasonable
accommodation for job applicants and caregivers with “known limitations”
related to or arising out of pregnancy, childbirth or related medical
conditions, unless the accommodation causes undue hardship. Limitations
under the PWFA do not need to rise to the level of a disability under
the ADA. Furthermore, the PWFA specifically requires that employers provide
reasonable accommodations for workers who are temporarily unable to perform
the essential functions of their role due to pregnancy and/or childbirth-related
reasons. In addition, many states have their own laws requiring that employers
provide workplace accommodations for pregnant workers.
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