President Biden ended 2022 with a bang by signing two new pieces of legislation into law that will impact many employers and their pregnant and breastfeeding workers: (1) the Pregnant Workers Fairness Act (PWFA) and (2) the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). These changes were part of the Omnibus Spending Bill signed into law on December 29, 2022. Employers should become familiar with the changes and review their policies and practices to adjust for the new laws.

The Pregnant Workers Fairness Act

The first change, made by the PWFA, provides additional protections to pregnant workers. The PWFA prohibits any employment practice that, either directly or indirectly, discriminates against qualified employees who are affected by pregnancy, childbirth, or related medical conditions by failing to provide reasonable accommodations, unless the accommodation would create an undue hardship on the operation of the business.

Similar to the definition of a qualified individual with a disability under the Americans with Disabilities Act (ADA), a "qualified employee" under the PWFA is an employee or prospective employee who can perform the essential functions of the position with or without reasonable accommodation. The PWFA's protections extend beyond those provided by the ADA, however, by requiring that employers reasonably accommodate employees with a known medical condition related to, affected by, or arising out of pregnancy, childbirth, or...

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