Navigating the ADA‑FMLA‑PWFA Maze: Expert Insights on Compliance Risks and Overlaps

In the most recent episode of The Employment Law Counselor, hosts Victoria Fuller and Laura Corvo are joined by guest speaker Chris Brooks for an in-depth discussion on the complex legal landscape surrounding protections for employees with disabilities. Here are some of the key takeaways from their conversation:

The Interplay of Multiple Laws Creates Complexity for Employers

Employers must navigate a labyrinth of federal and state laws, including the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and the Pregnant Workers Fairness Act (PWFA). Each law has its own requirements and often overlaps, making compliance a significant challenge—especially for small and mid-size businesses without dedicated HR resources.

The Importance of the Interactive Process and Documentation

A recurring theme is the necessity for employers to engage in a thorough, well-documented interactive process when handling accommodation requests. This includes obtaining appropriate medical documentation, understanding the essential functions of the job, and maintaining clear records of all communications and decisions. Proper documentation not only supports compliance but also serves as critical evidence if a claim arises.

Mental Health and Invisible Disabilities Are on the Rise

The episode highlights a marked increase in disability claims related to mental health and invisible conditions, such as anxiety, depression, and neurodivergent disorders. The normalization of remote work post-COVID has further complicated what constitutes a reasonable accommodation, requiring employers to reassess traditional workplace expectations and adapt to evolving employee needs.

Risk Management and Training Are Essential for Reducing Liability

Both the legal and underwriting perspectives stress the value of proactive risk management. This includes up-to-date employee handbooks, regular manager training, and clear policies on accommodations and leave. Smaller employers, in particular, are encouraged to seek outside counsel or HR support to avoid costly mistakes and ensure compliance with the ever-changing legal landscape.

Importance to Professional Liability Practitioners

This episode is especially relevant for professional liability practitioners because it underscores the growing risks and complexities associated with disability-related employment claims. As mental health issues become more prevalent and legal requirements continue to evolve, practitioners must be prepared to advise clients on best practices for compliance, documentation, and risk mitigation. The insights shared by both legal experts and underwriters provide a comprehensive view of the challenges and solutions, making this episode a valuable resource for anyone involved in professional liability, employment law, or HR risk management.

Interested in learning more about this topic? Listen to the full episode here.

Meet the Speakers

Laura Corvo, of White and Williams, represents employers in employment litigation and counsels clients on a variety of employment-related issues. She has extensive knowledge of federal, state and local employment laws and regularly counsels employers on a host of personnel and human resource issues including, employee hiring, discipline and termination matters, reductions in force, wage and hour compliance, family and medical leave compliance, and managing accommodations for disabled employees.

Victoria Fuller is a Partner and Co-Chair of the Labor and Employment Practice Group. She practices out of White and Williams’ Boston office. Victoria has over 17 years of experience as a civil litigator, focusing on employment litigation and counseling, higher education litigation, insurance coverage and bad faith litigation. Victoria is well-known for her creativity, commitment, efficiency and strategic focus with clients.

Chris Brooks is the Assistant Vice President of Management Liability at Berkley Select, bringing over 25 years of experience in the insurance industry. For the past 17 years, Chris has played a pivotal role at Berkley Select, where he has been instrumental in shaping underwriting strategies and delivering tailored management liability solutions. His deep industry knowledge and commitment to excellence have made him a trusted leader and advisor in the field.