On December 29, 2022, President Biden signed an omnibus spending bill which includes the Pregnant Workers Fairness Act[1] (PWFA) and the Providing Urgent Maternal Protection for Nursing Mothers Act[2] (PUMP), two new laws that enhance and protect the rights of pregnant and nursing employees. Both Acts expand the legal protections for pregnant and nursing workers by aligning the requirements of both the Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA).[3] In light of the new legislation, employers need to be aware of these obligations in order to comply with their expanded scope.

1. Pregnant Workers Fairness Act

Effective June 27, 2023, employers with fifteen (15) or more employees will be required to provide reasonable accommodations to pregnant workers. Much like the ADA, the PWFA affords employees and applicants the right to seek a reasonable accommodation for temporary limitations related to pregnancy, childbirth, and medical conditions, so long as the accommodation does not impose an undue hardship upon the employer. Although the ADA requires employers to provide accommodations for employees with complications arising from pregnancy (not pregnancy itself), the PWFA is far more expansive, and specifically ensures that pregnant employees, whether suffering from a pregnancy-induced complication or not, are provided the necessary accommodations needed to carry out the essential functions of their position. In short, the PWFA is a companion...

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