In the recent $1.7 trillion Omnibus Spending Bill passed by Congress and signed into law by President Biden, two measures were included aimed at providing additional workplace protections for pregnant employees.

The first measure is the Pregnant Workers Fairness Act (the “PWFA”) which applies to employers with 15 or more employees. The PWFA extends the framework of the Americans with Disabilities Act (ADA) to employees with known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions regardless of whether the condition meets the definition of a disability specified in the ADA (a “qualified employee”).

Thus, employers receiving accommodation requests from qualified employees must engage in the interactive process and offer a reasonable accommodation if it does not result in an undue hardship to the employer. The PWFA also makes it an unlawful employment practice to deny employment opportunities to qualified employees if the denial is based on the need for a reasonable accommodation. Further, an employer may not force an employee to take a leave if another reasonable accommodation can be provided. Finally, the PWFA prohibits retaliating against an employee for requesting or using a reasonable accommodation.

Also in the spending bill is the Providing Urgent Maternal Protections for Nursing Mothers Act (the “PUMP Act”). Currently, the FLSA requires that employers provide unpaid, reasonable break time and a place shielded...

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