Although many women work through their pregnancies without difficulty, some with physically demanding jobs or complicated pregnancies may need accommodation at some point. The Americans with Disabilities Act (ADA) does not define pregnancy itself as a disability, but it does cover pregnancy-related impairments in certain circumstances.
If pregnancy is not a disability, are pregnant women entitled to accommodation? What about women with pregnancy-related impairments? Are they covered by the ADA? Does the Pregnancy Discrimination Act (PDA) entitle pregnant women to the accommodations they need to continue working during pregnancy? Are there state laws that require workplace accommodations for pregnancy? These are the types of questions examined by legal and women's advocacy organizations, which generally conclude that both the ADA and the PDA often lead to reasonable accommodations for pregnancy-related limitations.
The regulations interpreting the ADA Amendments Act (ADAAA) state that pregnancy-related impairments can meet the definition of disability if they substantially limit a major life activity. Pregnant employees whose impairments meet the definition of disability will be entitled to an accommodation under the ADA. Because the ADAAA broadened the definition of disability to include many temporary and less severe impairments, more workers with pregnancy-related conditions may qualify for direct coverage.
The interaction between the PDA and the ADA can also result in a heightened duty to accommodate pregnant employees who do not technically meet the ADA's definition of disability. The PDA generally requires employers to treat pregnant workers at least as well as other employees with similar work limitations, and the ADA requires employers to accommodate many medical conditions. For example, the EEOC has made clear that an employer must reasonably accommodate a temporary back injury that prevents lifting 20 pounds; by the same principle, a worker instructed not to lift more than 20 pounds because of pregnancy should often receive a comparable accommodation.
For information about disability leave options and how they can interact with workplace accommodation, see Understanding Short-Term Disability Insurance.
Advocacy groups have urged clearer statutory protections to ensure that pregnant workers receive reasonable accommodations that do not impose undue hardship on employers. Some states already provide specific rights to pregnancy-related workplace accommodations, and reports from advocacy organizations summarize those laws and practices.
Employers also have practical incentives to provide accommodations: the costs are often modest, and accommodations can reduce turnover, improve employee satisfaction and productivity, and lower certain insurance costs.
Because enforcement priorities and guidance can change, many agencies and advocates highlight accommodating pregnancy-related limitations as an ongoing compliance area for employers. For an overview of legal and workplace considerations related to employment and disability accommodations, see Legal Considerations in Employment and Disability Accommodations.
If you are an employee who was not accommodated during pregnancy or believe you experienced pregnancy-based discrimination, consider sharing your experience with appropriate advocacy groups or seeking guidance about your options. Employers interested in best practices for accommodating pregnant employees can consult resources from legal, health, and disability experts.
Job Accommodation Network (JAN) consultants can help brainstorm accommodation ideas for anyone with workplace limitations, including pregnancy-related limitations, whether or not the ADA applies. If you need help evaluating options or coverage related to disability or workplace policies, you can talk to an agent about insurance implications and available products.
-Linda Carter Batiste, J.D.,
Principal Consultant with comments from national women's legal advocacy organizations
Frequently Asked Questions
Does the ADA require employers to accommodate pregnancy?
The ADA may require accommodations when pregnancy-related impairments substantially limit a major life activity; otherwise, related laws like the PDA may still require comparable treatment to coworkers with similar limitations.
What is the difference between the ADA and the PDA for pregnant workers?
The ADA provides disability-based protection when an impairment meets its definition of disability; the PDA requires employers to treat pregnant workers at least as well as other employees with similar work limitations.
Can I receive short-term disability benefits during pregnancy?
Short-term disability eligibility depends on the plan terms and medical documentation; consult your employer's plan and resources about short-term disability options.
What should I do if my employer refuses to provide an accommodation?
Document requests and the employer's responses, review applicable policies, and consider contacting advocacy organizations or a government agency for guidance on filing a discrimination claim.