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February 27, 2025

Workplace Accommodations: ADAAA & PWFA Compliance Tips for Employers

Learn how to navigate workplace accommodations under the ADAAA and PWFA to reduce legal risks and foster an inclusive, compliant work environment.

Summary

  • Understand key ADAAA and PWFA accommodation requirements.
  • Recognize the importance of a clear accommodations process.
  • Learn how to reduce compliance risks and avoid lawsuits.
  • Discover EEOC enforcement trends on workplace accommodations.
  • See how Marsh McLennan Agency supports your compliance efforts.

Navigating workplace accommodations means keeping up with several laws that protect your employees’ rights. The main law guiding these requirements is the Americans with Disabilities Act Amendments Act (ADAAA), commonly known as the ADA.

The ADA requires covered employers to provide reasonable accommodations to qualified employees with disabilities. This means adjusting the job or work environment so employees can perform their essential duties—unless doing so would cause significant difficulty or expense for your business.

You should also be aware of the Pregnant Workers Fairness Act (PWFA), a newer law with similar requirements to the ADAAA. The PWFA requires covered employers to provide reasonable accommodations to employees with known limitations related to pregnancy, childbirth, or related medical conditions—unless it causes significant difficulty or expense. Keep in mind, there are important differences between the ADAAA and PWFA. For more details, see our post: Comparing Accommodation Rights: PWFA and ADA.

What can you do to stay in compliance?

We recommend making sure your people managers recognize and respond appropriately when an employee requests workplace accommodations. But the process doesn’t stop there. Having a clear accommodations policy and process in place to guide every step can help reduce compliance risks. Missing a request or failing to follow and document your accommodations process may lead to complaints, charges, or lawsuits.

Why compliance with ADAAA and PWFA matters

According to the U.S. Equal Employment Opportunity Commission (EEOC) report released in October 2024, 110 lawsuits were filed focused on fair, safe, and inclusive workplaces. The EEOC uses litigation to encourage more employers to meet their legal obligations under laws like the ADAAA and PWFA.

Of those cases, 48 involved potential violations of the Americans with Disabilities Act Amendments Act (ADAAA), and five related to the Pregnant Workers Fairness Act (PWFA). The PWFA will likely remain a focus, so it’s important to understand its specific requirements—especially the broad definition of “pregnancy-related.” For example, one case involved an employer who did not accommodate an employee recovering and grieving after a stillbirth.

With nearly half the cases involving the ADAAA, it appears that all accommodation requests require careful attention. Even when everyone agrees on an accommodation, it’s important to ensure it’s properly implemented and effective

Having a clear accommodations process can help reduce the risk of EEOC charges and supports a more inclusive workplace. Taking this proactive approach demonstrates a commitment to compliance and supporting all employees while maintaining a positive work culture.

How Marsh McLennan Agency can help with workplace accommodations and compliance

We can assist you in understanding accommodation strategies to help you meet your legal requirements under the ADAAA and PWFA and support your employees. Whether you need help navigating accommodation requests, creating a clear ADAAA policy, or reviewing your current accommodations process, we’re here to support you in building a workplace where everyone feels valued and included. Contact us today.
 

Contributor

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Jim Jantz, JD

Director of Compliance – Absence, Disability, & Life