The Birth of New Rights for Pregnant, Postpartum, and Nursing Employees

President Biden signed two new laws that protect pregnant and nursing workers. The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to pregnant workers, similar to the Americans with Disabilities Act. The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act) extends break and space requirements for expressing milk to more employees, including salaried workers. The PWFA had been introduced in Congress since 2012 and finally passed as part of the Consolidated Appropriations Act in 2022. The Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA) have long protected workers from discrimination based on pregnancy and related medical conditions. However, these laws didn’t specifically address the need for accommodations for pregnant and postpartum workers. The Pregnant Workers Fairness Act (PWFA) was passed to fill that gap by requiring employers to provide reasonable accommodations for pregnant and postpartum employees. Additionally, the PUMP for Nursing Mothers Act extends protections for lactation needs in the workplace. These laws expand the rights of pregnant and postpartum workers and ensure they are treated fairly. The Pregnancy Discrimination Act (PDA) amended Title VII to protect women from being treated unfairly at work because of pregnancy, childbirth, or related medical conditions. It doesn’t specifically require employers to make accommodations for pregnant workers, but a Supreme Court ruling in 2015 said that failing to do so could be considered discrimination. This means that if an employer provides accommodations for other workers who are similar in their ability to work, they should do the same for pregnant employees. In a recent case, a woman named Young argued that her employer, UPS, treated her unfairly by not giving her light duty work when she was pregnant, even though they did for other employees with similar restrictions. UPS said they only accommodated certain categories of workers, but Young provided evidence that they did make accommodations for other situations. The Supreme Court ruled in favor of pregnant worker Young, saying that employers must give pregnant workers the same accommodations as other workers with similar abilities. In a case against Walmart, the court said Walmart had legitimate reasons for not giving accommodations to pregnant workers. Another case recognized breastfeeding as a pregnancy-related condition, but didn’t require specific accommodations for a breastfeeding patrol officer. Hicks asked for a different job when she had a baby so she wouldn’t have to wear a vest and could breastfeed. Her request was denied and she was given unsafe options. She quit and sued the city for treating her unfairly. The court said that breastfeeding is protected under the law, but employers don’t have to make special accommodations for it. The court ruled in favor of Hicks because she showed that other employees with temporary injuries were given different work, but she wasn’t. If she had only asked for accommodations for breastfeeding, she wouldn’t have won her case. The court also said that pregnancy itself is not considered a disability under the law, unless it causes a significant problem. This means that some pregnant women may not be protected under the law if they need accommodations. The Pregnant Workers Fairness Act (PWFA) requires employers with at least 15 employees to make reasonable accommodations for pregnant or postpartum employees or job applicants, unless it causes too much trouble for the employer. This law is similar to the Americans with Disabilities Act (ADA), but doesn’t require the employee to have a disability. Instead, the employer has to find a reasonable solution if the employee tells them about any pregnancy-related limitations they have. The PWFA protects pregnant employees from discrimination and requires employers to provide reasonable accommodations for pregnancy-related conditions. This includes things like allowing time off for appointments or providing a modified work schedule. Employers cannot retaliate against employees for asking for these accommodations. The Equal Employment Opportunity Commission (EEOC) enforces this law, and employees can sue their employer for damages if they don’t comply. The EEOC will start accepting charges of discrimination under the PWFA on June 27, 2023. If a pregnant worker needs an accommodation before then, they may have rights under existing laws. In simple words, the PWFA does not define what a “related medical condition” is. However, courts have found that conditions like lactation and breastfeeding are covered under the law because they are related to pregnancy and childbirth. This means that employers may have to accommodate physical or mental conditions related to pregnancy and childbirth, as well as related medical conditions. It’s unclear if employers can ask for proof from a doctor, but they may be able to do so in some cases. The Potential Accommodations for Pregnant Workers and Nursing Mothers Acts require employers to provide reasonable accommodations for pregnant workers and nursing mothers. This could include things like the ability to sit, have flexible hours, or take extra breaks. The PUMP for Nursing Mothers Act also requires employers to give nursing employees break time and a private place to express breast milk. The PUMP for Nursing Mothers Act guarantees most breastfeeding employees a reasonable break time and a private place to express milk for their nursing child for one year after the child’s birth. Small employers with fewer than 50 employees may be exempt if it would cause them significant difficulty or expense. There are also exemptions for certain industries, but in general, employers must allow employees to take the break without retaliation. Employees may or may not be paid for this time, depending on the company’s policies. If an employer violates the law, the employee must give them a chance to fix the issue before taking legal action. Starting April 28, 2023, if an employer doesn’t give an employee enough time and space to pump breast milk, they could be in trouble. They might have to pay the employee for lost wages, damages, and other compensation. These laws are meant to protect pregnant and new mothers at work. Employers need to update their policies and train their staff to follow these new laws. The Pregnant Workers Fairness Act, which is part of the Consolidated Appropriations Act, protects pregnant workers from discrimination at work. It says that if a pregnancy-related condition limits a major life activity, it can be considered a disability. This means employers can’t treat pregnant workers unfairly because of their pregnancy. The Act also allows pregnant workers to ask for reasonable accommodations at work, like lighter duties or more breaks. The Consolidated Appropriations Act of 2023 includes protections for employees to pump breast milk at work. This law can be found in Section 102 of Division KK of the Act. The U.S. Department of Labor has provided a Fact Sheet (#73) that explains these protections in more detail. This information is important for both employers and employees to understand their rights and responsibilities.

Source: https://www.floridabar.org/the-florida-bar-journal/the-birth-of-new-rights-for-pregnant-postpartum-and-nursing-employees/