By Julianne Story, Eleanor Kittilstad and Ayissa Maldonado, BridgeTower Media Newswires
On Dec. 23, 2022, President Biden signed into law two measures that expand the rights of pregnant and breastfeeding workers: the Pregnant Workers Fairness Act and the Providing Urgent Maternal Protections for Nursing Mothers, or PUMP Act.
Both measures were included in the 2023 Consolidated Appropriations Act and will impose new federal requirements on employers with respect to accommodations for pregnancy- and childbirth-related conditions and nursing mothers.
Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act, or PWFA, gives workers with conditions arising from pregnancy or childbirth the right to reasonable accommodations in the workplace. The act provides for broader protections than are available to pregnant employees under the Americans with Disabilities Act: It requires an employer to provide reasonable accommodation for a known physical or mental condition related to, affected by, or arising out of pregnancy, childbirth or related medical conditions regardless of whether the condition meets the definition of disability under the ADA. It also provides for broader protection than the Pregnancy Discrimination Act.
The PWFA applies to employers with 15 or more employees and to “qualified employees,” meaning an employee or job applicant who can perform the essential functions of the position with or without reasonable accommodation.
The act leaves open the question of...
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