On December 29th, President Biden signed the Pregnant Workers Fairness Act (“PWFA”) into law. PWFA requires employers with 15+ employees to provide reasonable accommodations for employees with medical conditions related to pregnancy and childbirth. Now, accommodations are protected for pregnant workers (or those who recently gave birth) in the same way accommodations are protected for those with disabilities under the ADA.
Think the Pregnancy Discrimination Act (“PDA”) already does this? It doesn’t. There is no requirement under the PDA to accommodate pregnancy or pregnancy-related conditions.
Think the ADA covers these workers? It does not, unless the condition is elevated to a disability, pregnancy-related or otherwise.
So PWFA protects a whole new class of employees.
And more so, the newly enacted Providing Urgent Maternal Protections for Nursing Mothers (“PUMP”) Act protects employees (both salaried and non-exempt workers) who are nursing parents — requiring time and space for pumping.
What does all this mean? You may need to update your policies and practices. It might be time to expend energy on notices too so everyone understands their legal rights and obligations.
Conducting a Form I-9 Audit
Employee Handbooks
