ADA & Pregnant Workers Fairness Act Claims Rising

Jenny Palmer
Partner, Labor & Employment

Abstract

As workplace accommodation claims surge, employers face evolving compliance challenges under the Americans with Disabilities Act (ADA) and the Pregnant Workers Fairness Act (PWFA). Jenny Palmer, Partner at Stoel Rives LLP, outlines key trends reshaping employment law, from the rise in mental health-related ADA claims to growing requests for remote and hybrid work accommodations. These cases, often involving invisible disabilities, demand nuanced, case-by-case analysis through the interactive process.

Palmer also highlights the ongoing adjustment to the PWFA, which extends protections for pregnancy-related conditions, such as the need for shift modifications due to morning sickness. While the ADA and PWFA share similar goals, they differ in critical definitions and requirements. With litigation on the rise and the cost of noncompliance growing, Palmer emphasizes the value of early intervention, consistent policy enforcement, and frontline supervisor training to reduce legal risk and promote a compliant workplace culture.

Transcript

My name is Jenny Palmer. I am a partner in the Stoel Rives Boise office. I am a litigator, and I focus on labor and employment law. I represent employers of all sizes across all industries. Some of them are national companies, some are local to Idaho, and I help them navigate employment laws and I represent them in employment-related disputes and litigation.

What’s changing with ADA claims?

Our clients have seen a ton of ADA claims in the past few years. They are seeing a lot of requests for accommodation and in some cases, administrative charges and lawsuits under the ADA. A growing number of these are based on mental health issues and invisible disabilities. These can be really hard for employers to deal with, especially in some cases when the employers are also trying to manage performance issues at the same time.

One thing that we have seen a ton recently is employers trying to get their employees back to on-site work after employees have been working at home, whether due to COVID or another reason. A lot of employees are requesting accommodation to work remotely or work a hybrid schedule. These are tricky to handle. They have to be analyzed on a case-by-case basis. We help our clients work through these issues.

In some cases, the employer could be obligated to give them reasonable accommodation to work from home or maybe some other reasonable accommodation. That is something that the employer and the employee work out in the interactive process and see what effective reasonable accommodation can be decided on.

What’s new under the PWFA?

Another new thing in this area of law is the Pregnant Workers Fairness Act, the PWFA. It became effective a couple years ago in 2023, and employers are still learning how to deal with requests under this law, whether it is pregnancy-related requests or postpartum or breastfeeding. All of that would fall under this new law. The PWFA gives additional protection to pregnant workers who might need accommodation due to pregnancy or a pregnancy-related condition. For example, if a pregnant woman needs to work a later shift because they feel morning sickness in the morning, then the PWFA could give an employer the obligation to give that accommodation.

How do the ADA and PWFA compare?

The PWFA is similar to the ADA in some respects. The ADA and the PWFA both deal with workplace accommodation, but they are different in some key aspects. Some definitions are different; some requirements are different. It is important for employers to understand that both laws are there and that they may have different obligations under those laws.

Where are these legal trends headed? 

I think we are going to continue to see a lot of ADA claims. We are still going to be seeing ADA requests for mental health issues, remote work requests. We also expect to see more claims under the PWFA, the Pregnant Workers Fairness Act, move towards litigation.

Why should clients pay attention?

It is expensive to deal with litigation. It is expensive to have claims of discrimination and failure to accommodate. It is also really burdensome on companies. Discovery is a pain. It is a hassle to have witnesses depose and take the stand for trial, so most companies want to avoid litigation if they can. By getting involved early and taking proactive measures, companies can try to avoid disputes with their employees in the first place.

It is important to have policies in place that are consistently enforced. That can go a long way to mitigating risk. Training is also a big thing, especially training for supervisors and managers. Those are the people on the front lines oftentimes getting the request from the employees. It is important that there is an awareness of the PWFA, the ADA, and other laws that might apply, just so managers and supervisors know that when they need to escalate an issue.