New federal laws give additional protections to pregnant and nursing workers

The Consolidated Appropriations Act—signed into law by President Joe Biden on December 29, 2022—enacted two laws providing protections to pregnant women and nursing mothers in the workplace: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act).

Pregnant Workers Fairness Act

Effective June 27, 2023, the PWFA applies to employers nationwide with at least 15 employees and to qualified employees. A qualified employee is an employee or job applicant who can perform the essential functions of the job with or without reasonable accommodations.

The PWFA requires covered employers to provide a reasonable accommodation to employees affected by a physical or mental condition due to pregnancy, childbirth, or related medical conditions, unless the employer can show that doing so would impose an undue hardship.

Historically, courts have ruled that pregnancy alone was insufficient for coverage as a disabled employee under the Americans with Disabilities Act (ADA). Now, the PWFA imposes the same ADA obligations on employers to engage in an interactive process to determine a reasonable accommodation regarding pregnancy, childbirth, or related conditions.

The PWFA will be enforced by the Equal Employment Opportunity Commission (EEOC) and the U.S. Attorney General’s Office as it pertains to private sector employees. The law directs the EEOC to issue regulations on the requirements, including examples of reasonable accommodations, within one year from enactment.