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Thursday, March 28, 2024

New Workplace Protections For Pregnant And Nursing Moms - JD Supra

The Consolidated Appropriations Act of 2023 (“CAA”) (the $1.7 trillion government funding bill) includes provisions that provide Federal workplace protections for pregnant and nursing moms.[1] When President Biden signed the CAA on December 29, 2022, two new laws went into effect: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act). The PUMP Act took effect immediately, while the PWFA will not go into effect until June 2023. Some of the key questions Iowa employers may have are answered below.

What are an Employer’s Obligations under the Pregnant Workers Fairness Act (PWFA)?

The PWFA prohibits employers with 15 or more employees from discriminating against pregnant employees and pregnant applicants with “known limitations” related to their pregnancy, child birth, or “related medical conditions.” The PWFA also requires such employers to provide reasonable accommodations to pregnant employees and pregnant applicants with “known limitations” so long as the accommodations do not impose an undue hardship on the employer (the definitions of “reasonable accommodation” and “undue hardship” under the PWFA are the same as the definitions under Americans with Disabilities Act).

The PWFA broadly defines “known limitations” as “physical or mental condition[s] related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or employee’s representative has...



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