U.S. federal reasonable-accommodation requirements

Coverage & definitions

Multiple federal statutes converge to grant employees the right to workplace modifications when disability, pregnancy, or related conditions affect their ability to perform essential job functions. Together they create a baseline that applies to nearly every private- and public-sector employer in the United States.

Key statutes and employer-size thresholds

• Americans with Disabilities Act (ADA) Title I — covers private employers, state and local governments, and labor unions with 15 or more employees.
• Pregnant Workers Fairness Act (PWFA) — mirrors the ADA 15-employee threshold but focuses on pregnancy, childbirth, and related medical conditions.
• Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) — amends the Fair Labor Standards Act. Applies to virtually all employers; those with fewer than 50 employees may claim undue hardship only after documenting specific, significant difficulty or expense.
• Rehabilitation Act §501 and §503 — covers federal agencies (Section 501) and federal contractors and subcontractors holding contracts of $10,000 or more (Section 503). No numeric employee floor.
• Genetic Information Nondiscrimination Act (GINA) — prohibits employers (15+ employees) from requesting or using genetic info; inadvertently collected info must be fire-walled during an accommodation process.

Disability and related terms

The ADA Amendments Act 2008 broadened “disability” to include physical or mental impairments that are episodic or in remission if they would substantially limit a major life activity when active. The PWFA uses “known limitation” tied to pregnancy rather than “disability.” The PUMP Act addresses lactation rather than disability and requires time and space modifications, not task-related adjustments. These statutes coexist; employers must honor the most employee-friendly standard that applies.

Reasonable-accommodation duties

Under ADA §12112(b)(5)(A) and PWFA §2(7), an employer must provide a modification or adjustment that enables an employee to perform the essential functions of the position, or to apply for a job, unless the change would impose an undue hardship—defined as significant difficulty or expense in light of size, resources, and operational needs.

Common accommodations

• Modified or flexible schedules, including split shifts and intermittent leave.
• Remote or hybrid work, job restructuring, or reassignment to open positions.
• Accessible technology: screen-reader–compatible software, voice-input tools, captioned video platforms.
• Physical adaptations such as height-adjustable desks, wheelchair-accessible routes, ergonomic chairs, anti-glare lighting.
• Maternity-related adjustments: closer parking, reduced lifting, schedule breaks to eat or hydrate, time off for prenatal appointments.
• Lactation space and unpaid or paid pumping breaks compliant with PUMP Act sanitary, private-room criteria (no bathroom stalls).
• Policy modifications: service-animal access, exceptions to dress codes, or relaxed productivity quotas during treatment periods.

Undue-hardship factors

The EEOC and courts weigh cost, overall financial resources, effect on facility operations, cumulative number of accommodations already granted, and whether outside funding (e.g., state vocational-rehabilitation grants, tax credits) can offset expense.

Interactive process & timelines

No federal statute sets a bright-line response deadline, but EEOC guidance requires a prompt, good-faith dialogue. Best practice milestones:

• Day 0 — Employer receives verbal or written request or otherwise becomes aware of a potential limitation.
• Day 1–5 — HR acknowledges in writing, provides intake form, and requests limited medical documentation if the disability or limitation is not obvious.
• Day 5–15 — Employer and employee engage in an interactive meeting, exploring alternative accommodations. For urgent matters (e.g., lactation space), interim measures should begin immediately.
• Day 15–30 — Employer implements, partially implements, or documents a reasoned denial with undue-hardship analysis. Maintain written records in a confidential medical file, separate from the personnel file.

Special timelines: federal contractors must invite applicants to self-identify disability status at pre-offer and post-offer stages under Section 503 regulations. The PUMP Act requires breaks “as needed,” which can mean multiple sessions totaling 2-3 hours in a shift for some employees.

Enforcement & penalties

Primary agencies

• Equal Employment Opportunity Commission (EEOC) — ADA, PWFA, GINA.
• Department of Labor, Wage & Hour Division — PUMP Act enforcement.
• Office of Federal Contract Compliance Programs (OFCCP) — Section 503 for contractors.

Charge filing windows — 180 days from the alleged violation, extended to 300 days where a state or local FEP agency exists. PUMP Act complaints may be filed directly in federal court 120 days after a WHD complaint.

Remedies

• Back pay and reinstatement or front pay.
• Compensatory damages (emotional distress) and punitive damages, capped by the ADA at $50 k–$300 k depending on employer size. Caps do not apply to PUMP Act liquidated damages equal to lost wages plus an equal amount as additional damages.
• Contract cancellation, debarment, and civil monetary penalties for federal contractors that fail Section 503 obligations.
• Injunctions ordering policy changes, training, and reporting requirements.

How Disclo simplifies U.S. federal accommodation compliance

Balancing ADA, PWFA, PUMP Act, and Rehabilitation Act duties can bury HR teams in fragmented spreadsheets, forgotten emails, and calendar chaos. Disclo turns federal compliance from reactive firefighting into a systematic, data-driven workflow.

• Unified intake → automated triage. Employees use a single form that dynamically branches for disability, pregnancy, or lactation requests. HR receives a consolidated dashboard—no more lost PDFs or ad-hoc emails.
• Smart deadline engine. The platform calculates charge-filing clocks, lactation-break entitlements, and reassessment dates, then nudges stakeholders with configurable reminders.
• Confidential document vault. Medical notes, interactive-process emails, and “good-faith” analyses are encrypted and segregated, satisfying ADA confidentiality requirements.
• Section 503 analytics. Contractors export utilization goals, accommodation cycle time, and cost data for OFCCP audits in one click.

Ready to transform how your organization handles federal accommodation and adjustment requests? Request a demo today.

Practical tips for employers

Adopt a universal policy. Publish one accommodation policy that references disability, pregnancy, childbirth, lactation, and religious practices. Employees should never have to guess which form they need.

Train front-line managers. A significant share of EEOC conciliation agreements stem from managers who ignored—or never forwarded—a verbal request. A 30-minute annual refresher can prevent six-figure settlements.

Document the reasoning — not just the answer. Courts focus on process. Keep dated notes on each alternative considered, each cost estimate obtained, and each hardship factor analyzed.

Budget for recurring accommodations. Track the frequency and cost of common adjustments—ergonomic chairs, screen readers, parking shifts—so the next request is pre-approved and installed faster.

Monitor state-law overlay. California (5-employee threshold), Colorado (any size), and New Jersey (any size) impose broader coverage than the ADA. Where state law conflicts with federal rules, apply the standard that is more favorable to the employee.

Integrate leave management. Many accommodation cases begin as ADA requests and transition to Family and Medical Leave Act coverage. Align your leave and accommodation workflows to avoid gaps in communication or benefits.