On December 29, 2022, as part of the Consolidated Appropriations Act, 2023, the federal legislature added two new laws to protect the rights of pregnant and nursing (lactating) employees: the Pregnant Workers Fairness Act (“PWFA”) and the Providing Urgent Maternal Protections for Nursing Mothers (“PUMP”) Act. Under these new laws, employers have new accommodation obligations for pregnant and nursing employees.
Pregnant Workers Fairness Act
Effective June 27, 2023, the PWFA grants covered employees a right to reasonable accommodations related to pregnancy, childbirth, and related medical conditions, even if an employee’s condition does not qualify as a “disability” under the Americans with Disabilities Act (“ADA”). Covered employees include those who are pregnant, recovering from childbirth, or have “related conditions.” The PWFA recognizes and attempts to fill the gaps in the existing federal legal protections available to workers affected by pregnancy, childbirth, and related medical conditions.
The PWFA broadens the class of employees entitled to accommodation by requiring accommodation regardless of whether the employee’s limitation qualifies as a disability under the ADA. Pregnancy itself is not a disability under the ADA; however, an employee’s pregnancy, childbirth, or post-partum period can result in secondary conditions which do qualify as disabilities under the ADA. The PWFA’s purpose is to cover pregnancy-related limitations that do not rise to the level of a...
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