New Legislation Improves Protections for Pregnant and Nursing Employees

In December 2021, the U.S. Senate passed two new pieces of legislation that significantly improve protections for pregnant and nursing employees in the workplace. The Pregnant Workers Fairness Act (PWFA) requires employers to provide temporary, reasonable accommodations to workers with pregnancy-related medical conditions, while the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act requires employers to provide a private space for nursing mothers to pump milk. In this article, we will explore the background and details of these new regulations, as well as their significance for pregnant and nursing employees.

Background on the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act

The PWFA is a bill that requires employers to accommodate all pregnancy-related medical conditions. Prior to the passage of the PWFA, protections for pregnant employees were limited to those available under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act of 1990 (ADA). The PUMP Act, on the other hand, establishes new protections for employees following the birth of their children. It requires employers to provide a private space for nursing mothers to pump milk, as well as other protections for nursing mothers.

The PWFA was passed via a bipartisan 73-24 vote as part of the Consolidated Appropriations Act. It received widespread support from lawmakers from both parties, as well as from a broad coalition of advocates for women in the workplace.

Importance of the PWFA in improving protections for pregnant employees

The PWFA improves protections for pregnant employees in several key respects. Firstly, it requires that employers with 15 or more employees grant temporary, reasonable accommodations to workers with known limitations related to pregnancy, childbirth, or related medical conditions. This includes accommodations such as additional bathroom breaks, modified work schedules, or the ability to work from home. Secondly, it ensures that whether or not a requested accommodation presents an undue hardship, it will be evaluated on a case-by-case basis. This means that employers cannot deny reasonable accommodations to pregnant employees based on a blanket policy or without considering the specific circumstances of the employee.

Overview of the limitations of previous protections for pregnant employees under the Pregnancy Discrimination Act and the Americans with Disabilities Act

Prior to the PWFA, protections for pregnant employees were limited to those available under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act of 1990 (ADA). The PDA prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions, while the ADA requires reasonable accommodations for workers with disabilities. However, these protections were often inadequate for pregnant employees because they did not specifically require employers to accommodate pregnancy-related medical conditions, and they did not provide clear guidelines for what constituted a reasonable accommodation.

Requirements of the Pregnancy Workers Fairness Act (PWFA) for employers with 15 or more employees to grant reasonable accommodations to workers with pregnancy-related medical conditions

Under the PWFA, employers with 15 or more employees must grant temporary, reasonable accommodations to workers with known limitations related to pregnancy, childbirth, or related medical conditions. This includes accommodations such as additional bathroom breaks, modified work schedules, or the ability to work from home. However, employers are not required to provide accommodations that would create an undue hardship, such as accommodations that would require significant expense or difficulty. Whether or not an accommodation presents an undue hardship will be evaluated on a case-by-case basis.

Evaluation of undue hardship for requested accommodations is done on a case-by-case basis

When evaluating whether or not a requested accommodation presents an undue hardship, employers must consider several factors, including the nature and cost of the accommodation, the financial resources of the employer, and the impact of the accommodation on the employer’s operations. Employers cannot simply deny reasonable accommodations based on a blanket policy or without considering the specific circumstances of the employee.

Provision of reasonable accommodations, even if the employee cannot perform all essential job functions temporarily

Under the PWFA, employers must provide reasonable accommodations even if an employee cannot perform all essential functions of the job, so long as the employee’s inability to perform these functions is temporary. This means that employers cannot deny reasonable accommodations to pregnant employees based on their inability to perform all aspects of their job due to their pregnancy-related medical condition.

Requirements of the PUMP Act include mandating that employers provide a private space for nursing mothers to pump and outlining consequences for violations

Under the PUMP Act, employers must provide a private space “that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk.” A bathroom, even if private, is not a permissible location for an employer to provide to an employee needing to pump. Violations of the PUMP Act can result in significant consequences for employers, including employment or reinstatement, promotion, payment of lost wages and an additional, equal amount of liquidated damages, payment of compensatory damages and make-whole relief such as any economic violations that resulted from the employer’s violation, as well as punitive damages.

The PWFA and PUMP Act provide new, long-overdue protections for pregnant and nursing employees. These regulations ensure that pregnant and nursing employees have access to the reasonable accommodations and private spaces they need to perform their job duties and care for their children. They also send a clear message to employers that discriminating against pregnant or nursing employees will not be tolerated. Overall, the PWFA and PUMP Act are a significant step forward in ensuring that all workers, regardless of their pregnancy or nursing status, are afforded the basic protections they need to thrive in the workplace.

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