FACT SHEET
Leveling the Playing Field:
The Connection Between the Americans with Disabilities
Act and the Pregnant Workers Fairness Act
DECEMBER 2012
Most women are able to work through their pregnancies and perform their jobs without modification,
but some pregnant workers develop pregnancy-related conditions that require minor adjustments at
work. Pregnant women should be treated the same as other workers with temporary health
conditions. Sadly, this is not the case for many pregnant women who are forced out of their jobs and
denied reasonable accommodations that would enable them to continue working.
Modeled on the Americans with Disabilities Act, the Pregnant Workers Fairness Act would address
the lack of protection for women with pregnancy-related limitations by helping to ensure they are
treated the same as similarly-abled workers. By doing so, it would promote the health and economic
security of pregnant women, their babies and their families.
The Americans with Disabilities Act:
Ensuring Equal Opportunity and Full Participation by Prohibiting Discrimination Against
Workers with Disabilities, Including Temporary Impairments
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against workers
with disabilities, including temporary conditions.1 The ADA also requires employers to provide
reasonable workplace accommodations to workers with temporary disabilities.2 Since its passage 22
years ago, this critical civil rights law has made a difference for millions of Americans and families.
The ADA passed with broad bipartisan support and was signed into law by President George H.W.
Bush in 1990.3 In subsequent years, U.S. Supreme Court decisions narrowed the definition of
“disability” under the ADA, denying countless workers civil rights protections. As a result, in 2008,
Congress passed the ADA Amendments Act to reinstate critical protections by expanding the
definition of “disability” – in part, to include transitory or episodic impairments like hypertension.4
The ADA Amendments Act also had widespread bipartisan support and was signed into law by
President George W. Bush.5 Both the ADA and ADA
Amendments Act were supported by diverse coalitions
of disability, civil rights and business groups
“The [ADA Amendments Act]
including the Chamber of Commerce.6
Provisions of the ADA:
 Applies to private employers with 15 or more
employees, state and local governments,
employment agencies and labor unions.
 Defines “reasonable accommodation” as a
modification or adjustment to a job or work
environment that will enable a qualified
strikes the right balance between
protections for individuals with
disabilities and the obligations and
requirements of employers.”
— Chamber of Commerce, September 2008
1875 Connecticut Avenue, NW | Suite 650 | Washington, DC 20009
202.986.2600 | www.NationalPartnership.org
applicant or employee with a disability to participate in the application process or to perform
essential job functions.
 Does not require an employer to reallocate essential functions of a job.
 Does not require an employer to make an accommodation if it would impose “undue hardship,”
which is defined as an “action requiring significant difficulty or expense,” taking into
consideration factors such as the nature and cost of the accommodation in relation to the size,
resources and structure of the employer's operation.7
The Pregnant Workers Fairness Act:
Ensuring Equal Opportunity for Workers with Pregnancy-Related Impairments
The Pregnancy Discrimination Act of 1978 (PDA) outlawed pregnancy discrimination, and
Congress made it clear when it passed that sex discrimination includes discrimination based on
pregnancy, childbirth or related medical conditions.8 However, employers often refuse to provide
reasonable accommodations for pregnant workers, and courts have interpreted legal protections
under both the PDA and the ADA narrowly.
The Pregnant Workers Fairness Act (PWFA) would address this loophole to help ensure that workers
with pregnancy-related limitations are entitled to reasonable accommodations that allow them to stay
on the job while caring for their own health and safety and that of their children.
 The PWFA follows the ADA model and clarifies protections for pregnant workers.
 As under the ADA, employers are not required to provide an accommodation if it would impose
undue hardship. In the PWFA, undue hardship is defined as it is in the ADA.9
Providing a Clear Standard for Workers and Employers
In California, providing reasonable accommodations for pregnant workers has been law since
2000. Pregnancy discrimination charges have dropped since the law passed – an indication
that the law helps employers and employees resolve issues without litigation.10
According to a recent report, the cost of these accommodations is significantly lower than most
employers expect.11 More than half of the businesses surveyed (57 percent) reported that the
accommodations they provided to employees with disabilities cost them nothing to make.12
1 42 U.S.C. §§ 12112(a) & 12102.
2 42 U.S.C. § 12112(b)(5).
3 42 U.S.C. §§ 12101-12213. The bill passed with the support of 479 members of Congress, including 187 Republicans and 292 Democrats. Govtrack.us. H.R. 2273 (101st): Americans
with Disabilities Act of 1990 (On Passage of the Bill). Retrieved 12 December 2012, from: http://www.govtrack.us/congress/votes/101-1990/h123. S. 933 (101st): Americans with
Disabilities Act of 1990 (On Passage of the Bill). Retrieved 12 December 2012, from: http://www.govtrack.us/congress/votes/101-1989/s173
4 42 U.S.C. § 12102.
5 The bill passed the Senate by unanimous consent and passed the House with the support of 174 Republicans and 228 Democrats. Govtrack.us. H.R. 3195 (110th): ADA Amendments
Act of 2008 (On Passage of the Bill). Retrieved 21 November 2012, from: http://www.govtrack.us/congress/votes/110-2008/h460. Thomas.loc.gov. S.3406: ADA Amendments Act of
2008. Retrieved 21 November 2012, from: http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN03406:@@@R
6 U.S. Chamber of Commerce (2008, June 24). Letter Supporting H.R. 3195, the "ADA Amendments Act" [Letter to the U.S. House of Representatives]. Retrieved 7 December 2012,
from http://www.uschamber.com/issues/letters/2008/letter-supporting-hr-3195-ada-amendments-act
7 42 U.S.C. §§ 12101-12213.
8 42 U.S.C. § 2000e(k).
9 42 U.S.C. § 12111(10).
10 Farrell, N., Dolkas, J., and Munro, M. Expecting a Baby, Not a Layoff (p. 15). Equal Rights Advocates. Retrieved 21 November 2012, from
http://www.equalrights.org/media/2012/ERA-PregAccomReport.pdf
11 Loy, B. (2012, September 1). Workplace Accommodations: Low Cost, High Impact. Job Accommodation Network Publication. Retrieved on 11 November 2012, from
http://askjan.org/media/lowcosthighimpact.html
12 Ibid.
© 2012 National Partnership for Women & Families. All rights reserved.
NATIONAL PARTNERSHIP FOR WOMEN & FAMILIES | FACT SHEET | THE ADA AND THE PREGNANT WORKERS FAIRNESS ACT
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