LawFlash

The US Congress passed the Pregnant Workers Fairness Act (PWFA) and Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) on December 23, 2022, as part of the omnibus spending bill for FY2023. President Joseph Biden signed the bills into law on December 29. The PWFA will take effect 180 days after the bill is signed. The PUMP Act’s expanded coverage provisions take effect 120 days after signature. The expanded remedies apply immediately.

The PWFA and PUMP Act expand employment protections for individuals who are pregnant, have related medical conditions, or are nursing. The PWFA requires that employers offer reasonable accommodations to qualified employees when needed due to pregnancy, childbirth, or related medical conditions.

The PUMP Act amends and expands the Break Time for Nursing Mothers Act, which became law in 2010, by providing additional employees, including those who are salaried, the right to receive break time and a private place to pump at work. The PUMP Act also provides covered employees with additional remedies if employers fail to provide accommodation or reasonable breaks.

PREGNANT WORKERS FAIRNESS ACT

The PWFA was introduced to ensure that pregnant employees were entitled to reasonable accommodations, even in the absence of an underlying medical condition, after courts ruled that such accommodations were not required under the Pregnancy Discrimination Act (PDA). The PWFA incorporates many of the reasonable accommodation...

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