Is pregnancy covered under the Americans with Disabilities Act?

Pregnancy alone is not considered a disability for purposes of the Americans with Disabilities Act (ADA). To be considered a disability under the ADA, covered persons must have a physical or mental impairment that substantially limits a major life activity.  Pregnancy is not the result of a physiological disorder, so it is not considered an impairment.

However, complications resulting from pregnancy may be impairments that the employer will need to consider and accommodate on a case-by-case basis. The Equal Employment Opportunity Commission (EEOC) provides information on pregnancy discrimination. Similarly, some state laws specifically call out accommodation for disabilities related to pregnancy; employers should check applicable state law.

Additionally, The Consolidated Appropriations Act of 2023 included The Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, which requires employers with 15 or more employees to provide reasonable accommodations for job applicants and employees with known limitations related to pregnancy, childbirth and related medical conditions.

The PWFA closely aligns with the Americans with Disabilities Act, triggering an interactive process once an individual requests an accommodation. An employer may not take adverse action in terms, conditions, or privileges of employment against a qualified employee requesting or using such reasonable accommodations.

The EEOC published proposed regulations to implement the PWFA on Aug. 11, 2023. Comments regarding this proposal must be submitted no later than Oct. 10, 2023, and final regulations are expected by Dec. 29, 2023. While the proposed regulations may be helpful for employers in understanding how the EEOC is currently interpreting the PWFA, they cannot be relied upon until regulations are finalized.