New Law Seeks To Improve Work Life for Pregnant and Nursing Employees

President Biden recently expanded federal protections for pregnant and nursing employees through the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP). The law went into effect on June 27, 2023, and extends the requirements of the American Disability Act (ADA) by requiring employers with fifteen or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” PWFA does not specify the types of reasonable accommodations that may be required nor stipulates the types of conditions that will be considered a “known limitation.”

The Act directs the Equal Employment Opportunity Commission (EEOC) to issue regulations to “carry out” its provisions within one year of the law’s enactment, but some of the examples include the ability to sit or drink water; receive closer parking; have flexible hours; receive appropriately sized uniforms and safety apparel; receive additional break time to use the bathroom, eat, and rest; take leave or time off to recover from childbirth; and be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy. 

Under the PWFA, covered employers are prohibited from:

• Requiring a qualified employee to accept an accommodation without a discussion about the accommodation between the employee and the employer;
• Denying a job or other employment opportunities to a qualified employee or applicant based on the individual’s need for a reasonable accommodation;
• Requiring a qualified employee to take leave if a reasonable accommodation can be provided that would allow the employee to continue working;
• Retaliating against a qualified employee for requesting or using a reasonable accommodation for a known limitation related to the employee’s pregnancy, childbirth, or related medical condition;
• Retaliating against an individual for opposing or reporting unlawful discrimination under the PWFA or otherwise participating in a PWFA proceeding (including investigations into violations); or
• Interfering with any individual’s rights under the PWFA.

The PUMP Act expands existing employer obligations under the Fair Labor Standards Act (FLSA) to provide an employee with a private place and reasonable break time to express breast milk for the employee’s nursing child for one year after the child’s birth. The EEOC will begin accepting discrimination charges for incidents occurring on or after June 27, 2023. Employers should look for forthcoming EEOC regulations within one year of the passage of the PWFA and the Pump Act. Employers should also review their existing accommodation procedures to ensure they comply with the new law. 

If you need assistance reviewing or drafting an addendum to your employee policy, contact us at 202-505-5309 or info@thesjslawfirm.com to book a consultation.