As part of the bipartisan government funding legislation signed by President Biden on December 29, 2022, pregnant workers and nursing mothers now have more rights on the job.
Modeled after the American with Disabilities Act, the new Pregnant Workers Fairness Act requires employers to make reasonable accommodations for employees and applicants affected by pregnancy, childbirth, or related medical conditions. Just as under the ADA, employers must engage in an interactive process with the employee or applicant to determine a reasonable accommodation, and an accommodation is not reasonable if it causes undue hardship to the employer. Additionally, an employer may not require a pregnant worker to take paid or unpaid leave if another reasonable accommodation is available.
The law directs the Equal Employment Opportunity Commission (EEOC) to issue regulations within one year that provide examples of reasonable accommodations that address known limitations related to pregnancy, childbirth, and related medical conditions. State laws on pregnancy accommodation mention items such as bathroom breaks, help with heavy lifting, seating, temporary reassignments, and adjusted schedules.
The PUMP (Providing Urgent Maternal Protections) for Nursing Mothers Act extends the right to break time and a private place to pump at work (other than the bathroom) to more workers. Prior law covered only hourly workers; the PUMP Act expands this to cover all employees, both exempt and non-exempt. (There are specific exemptions for airplane crewmembers, train crews, and bus drivers.)
Small employers (fewer than 50 workers) can be exempt from complying if they can establish that doing so would impose an undue hardship causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.
Before suing for not providing a private place to express milk, the employee must give notice to the employer; the employer then has 10 days to remedy the situation. The notification period is waived if the worker has been fired in retaliation for making the request or opposing an employer’s refusal to provide a place to express milk under the law, or if the employer indicated it will not provide a private place.
What this means to you: Managers and supervisors must be aware of worker rights and be prepared to discuss reasonable accommodations. Our Managing Within the Law courses—revised for 2023–provide employment law training for managers and executives both in-person and online.
Our program teaches managers to live the company’s values, build consistency and trust across managers’ teams, develop and practice effective communication, and create a respectful workplace for all. Managing Within the Law is an essential skills program that is a key component of every new manager’s training curriculum, as well as an engaging refresher for the experienced manager.
To find out more about our 2023 training programs or to book a workshop, please call 800-458-2778 or email us.
Updated 01-12-2023
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
