Founder
If you are pregnant, recovering from childbirth, breastfeeding, or caring for a new child, you should not have to choose between your job and your health or family. Yet, many employees still face discrimination, denial of basic accommodations, or job loss when they need support the most.
Two recent federal laws – the Pregnant Workers Fairness Act (PWFA) and the PUMP Act –significantly expand workplace protections for pregnant and postpartum workers.
The Pregnant Workers Fairness Act (PWFA)
The PWFA requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would cause an undue hardship.
This law closed a critical gap. State and federal laws do not consider pregnancy alone to be a “disability” entitled to accommodation. Previously, many pregnant workers were denied accommodations unless they had a pregnancy-related disability under the ADA (like preeclampsia or gestational diabetes) or they could show unequal treatment (meaning the employer gave other non-pregnant employees the type of accommodation the pregnant worker needed).
Under the PWFA, a pregnant worker may now request accommodations such as light duty or help with lifting, additional breaks to rest or use the restroom, flexible scheduling for prenatal appointments, or temporary reassignment away from hazardous duties, to name a few. If you are pregnant or postpartum and need changes to your job, make your request, in writing if possible, and explain what you need and why.
Employers cannot reject a request based on stereotypes or assumptions about pregnancy or the postpartum period. Employers must engage in an interactive process to determine an accommodation that meets the needs of the worker without causing an undue hardship, and cannot force a pregnant or post-partum worker to take unpaid leave if a reasonable accommodation is available.
The PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers)
The PUMP Act protects a mother’s right to express breast milk at work. Key protections include:
- Break time: The worker must be given a reasonable break time to pump, as often as needed, for up to one year after the child’s birth.
- Private space: The worker must be provided a private, non-bathroom space that is shielded from view and free from intrusion.
The PUMP Act covers nearly all employees, and includes salaried and exempt workers.
Pregnancy and Caregiver Discrimination
Despite these legal advances, many employees continue to face obstacles and retaliation due to pregnancy or caregiving obligations, such as the refusal of light duty despite medical requests, termination during or after parental leave, rigid scheduling policies that ignore postpartum or caregiving needs, or hostility and retaliation after requesting accommodations.
These types of actions may violate the PWFA, the PUMP Act, the Pregnancy Discrimination Act, the Florida Civil Rights Act and other federal or state laws.
Pregnant employees and caregivers should not have to sacrifice their health, job, or family. If you believe you are experiencing pregnancy or caregiver discrimination, get help from an experienced employment attorney to navigate leave, accommodation requests, unfair treatment and enforcing your rights. Contact us here to schedule a consultation.
