New Protections for Pregnant and Nursing Employees: A Legal Perspective
Recent legislative developments have significantly enhanced workplace protections for pregnant and nursing employees in the United States. The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act impose new obligations on employers to accommodate these workers. Understanding these laws is essential for legal compliance and fostering an inclusive workplace.
The Pregnant Workers Fairness Act: Ensuring Reasonable Accommodations
Enacted on December 29, 2022., the PWFA mandates that employers with 15 or more employees provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions unless such accommodations would cause undue hardship. The Equal Employment Opportunity Commission (EEOC) issued final regulations on April 15, 2024, effective June 18, 2024, to guide employers in implementing these requirements.
Key Provisions and Employer Obligations
Reasonable Accommodations
Employers must engage in an interactive process with affected employees to determine suitable accommodations. Examples include offering flexible work schedules, permitting additional breaks, providing seating, or temporarily reassigning non-essential tasks.
Prohibition of Discrimination
Employers cannot require pregnant employees to accept unwanted accommodations or take leave if other reasonable accommodations are available. Additionally, denying employment opportunities based on the need to provide such accommodations is prohibited.
The PUMP Act: Supporting Nursing Mothers
The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP) expands protections for nursing employees by requiring employers to provide reasonable break time and a private, non-bathroom space for expressing breast milk during the workday. This ensures that nursing mothers can manage their needs without facing workplace discrimination or discomfort.
Compliance Strategies for Employers
Policy Updates
Review and revise workplace policies to align with PWFA and PUMP Act requirements. Ensure that employee handbooks reflect these changes and that all staff are informed.
Training Programs
Implement training sessions for managers and HR personnel to effectively handle accommodation requests and understand legal obligations.
Facility Adjustments
Ensure the availability of private, non-bathroom spaces for nursing employees to express breast milk, equipped with necessary amenities.
Documentation
Maintain thorough records of accommodation requests and the interactive process to demonstrate compliance and address any potential disputes.
Looking Ahead: Trends and Legal Considerations
As of 2025, several trends and legal challenges are emerging
State-Level Challenges
Seventeen states have filed lawsuits challenging the EEOC’s interpretation of the PWFA, particularly concerning accommodations related to abortion. Employers should monitor these developments, as outcomes may influence compliance obligations.
Technological Implications
The EEOC has raised concerns that mandatory use of wearable devices in the workplace could lead to discrimination, including against pregnant and nursing employees. Employers considering such technologies should evaluate potential legal risks.
Evolving Benefits
Some employers are expanding benefits to include reproductive health leave and flexible working arrangements, reflecting a broader commitment to supporting employees’ health needs.
Staying Ahead: Protecting Your Employees and Your Business
The enactment of the PWFA and PUMP Act represents a significant advancement in protecting the rights of pregnant and nursing employees. Employers must proactively adapt to these changes by updating policies, training staff, and ensuring workplace accommodations are in place. Staying informed about ongoing legal developments and emerging trends will be crucial for maintaining compliance and fostering an inclusive work environment.
If you need guidance in understanding how these laws apply to your business, or assistance in developing compliant, supportive policies, our firm is here to help.