How is a Reasonable Accommodation different under the Americans with Disabilities Act as amended (ADAAA) and the Pregnant Workers Fairness Act (PWFA)?

The Americans with Disabilities Act as amended (ADAAA) and the Pregnant Workers Fairness Act (PWFA) both address workplace accommodations, but they do so for different groups and under different circumstances. Here are the key differences:

Americans with Disabilities Act as amended (ADAAA):

1. Scope:
2. The ADAAA focuses on individuals with disabilities. A disability is defined as a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.
3. Reasonable Accommodation:
4. Employers must provide reasonable accommodations to qualified individuals with disabilities, unless doing so would cause undue hardship (significant difficulty or expense) to the employer.
5. Examples of reasonable accommodations include making existing facilities accessible, job restructuring, modified work schedules, acquiring or modifying equipment, providing qualified readers or interpreters, and reassignment to a vacant position.
6. Employer Size:
7. Applies to employers with 15 or more employees.

Pregnant Workers Fairness Act (PWFA):

1. Scope:
2. The PWFA specifically addresses accommodations for workers affected by pregnancy, childbirth, or related medical conditions.
3. Reasonable Accommodation:
4. Employers must provide reasonable accommodations to employees affected by pregnancy, childbirth, or related medical conditions, unless doing so would cause undue hardship.
5. Examples of reasonable accommodations under the PWFA might include more frequent breaks, seating, relief from heavy lifting, temporary transfers to less strenuous or hazardous work, job restructuring, and modified work schedules.
6. Employer Size:
7. The PWFA applies to employers with 15 or more employees, similar to the ADAAA.

Key Differences:

1. Covered Individuals:
2. ADAAA: Focuses on individuals with disabilities.
3. PWFA: Focuses on employees affected by pregnancy, childbirth, or related medical conditions.
4. Nature of Accommodations:
5. While both acts require reasonable accommodations, the specific accommodations under the PWFA are tailored to pregnancy-related needs, whereas the ADAAA covers a broader range of disabilities and corresponding accommodations.
6. Definition of Disability:
7. ADAAA: Involves a broader definition of disability, encompassing various physical and mental impairments.
8. PWFA: Specifically targets conditions related to pregnancy and childbirth, which might not always meet the ADAAA's definition of disability but still require accommodation.
9. Overlap and Interaction:
10. There can be overlap between the two laws. For example, pregnancy-related conditions that qualify as disabilities under the ADAAA would necessitate accommodations under both acts.
11. The PWFA fills gaps where pregnancy-related conditions may not be considered disabilities but still require reasonable accommodations.

In summary, while both the ADAAA and PWFA mandate reasonable accommodations and share similarities in their application, they are designed to address the specific needs of different groups—individuals with disabilities and pregnant workers, respectively. Contact The Justice Law Firm, LLC for a FREE consultation.