The Impact of the ADA and the Pregnant Workers Fairness Act
By Donna Fisher, Director, Disability, Absence and ADA, MetLife
A recent report shows that 21.3% of people with a disability were employed in 20221 and when you dig deeper, the report includes positive news for people with disabilities who are of working age. For employers, ensuring this employee cohort has equal access to employment opportunities is required under the Americans with Disabilities Act (ADA), which protects employees against discrimination at every stage of employment — from recruitment and training to pay.2
The Pregnant Workers Fairness Act (PWFA), which went into effect earlier this year, adds to these protections. The law requires employers to provide reasonable accommodations to workers with known limitations due to pregnancy, childbirth, and related medical conditions unless the accommodation would cause undue hardship.3 Navigating accommodations can be a complex process.
While many of the protections under the PWFA are similar to the ADA, there are differences. For example, under the PWFA, employers must accommodate (absent undue hardship) pregnant employees even if the employees cannot perform essential functions of their positions as long as the inability to do so is temporary and that essential job function can be performed in the near future.
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