On December 29, 2022, President Biden signed into law the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), expanding federal protections for both pregnant and nursing workers.
Pregnant Workers Fairness Act
The PWFA creates a legal obligation for employers to grant reasonable accommodations for pregnant workers. Under the new law, which will not go into effect until June 2023, employers with 15 or more employees will be required to provide reasonable accommodations for “qualified” employees and applicants with temporary physical or mental limitations due to pregnancy, childbirth or related conditions. Employees and applicants are “qualified” if they, with or without a reasonable accommodation, can perform the essential functions of the employment position. An individual is still “qualified” if the inability to perform an essential function is for a temporary period, the essential function could be performed in the near future, and the inability to perform the essential function can be reasonably accommodated.
