The Pregnant Workers Fairness Act (PWFA) and PUMP for Nursing Mothers Act (PUMP Act) are two laws that help pregnant and nursing women achieve fairness and equality in the workplace. Despite these laws and the strong protections they offer, many mothers continue to experience discrimination on the job. If you’ve been unfairly treated or harassed because of your status as a pregnant woman or nursing mother, it’s time to explore your legal options. The employment lawyers of Stanfield Bechtel Law are ready to assist you.
The Basics of the Pregnant Workers Fairness Act (PWFA)
The PWFA is a relatively new law that was enacted in 2023, with Equal Employment Opportunity Commission (EEOC) enforcement regulations going into effect in 2024. Employers that are covered by this law must provide reasonable accommodation to a qualified employee’s or applicant’s known limitations that are caused by pregnancy, childbirth, or related medical conditions. There is an exception if the accommodation will cause the employer an undue hardship.
Employers that are covered by the PWFA include private and public sector employers (state and local governments) with 15 or more employees; Congress and federal agencies; and employment agencies and labor organizations. These covered employers are not allowed to:
- Fail or refuse to make a reasonable accommodation for an employee’s or applicant’s known pregnancy-related limitations, unless the accommodation would cause an undue hardship to the employer
- Require an employee to accept an accommodation that is unreasonable
- Deny job or other employment opportunities to a qualified employee or applicant because the individual needs a pregnancy-related accommodation
- Require the pregnant mother to take a leave of absence if another reasonable accommodation can be granted that would allow the employee to continue working
- Retaliate against an employee or applicant for asserting their rights or requesting or using a reasonable accommodation under the law
- Retaliate against an employee for reporting or opposing unlawful discrimination under the PWFA, or for participating in an investigation or other proceeding related to the law
- Coerce employees who are exercising their rights or helping others exercise their rights under the law
Potential penalties for non-compliance include:
- Payment of the employee’s lost wages and benefits
- Compensatory damages
- Injunctive relief, meaning a court order that requires the employer to stop breaking the law
- Punitive damages, in some cases
- Attorneys’ fees, court costs, and other remedies
What Do “Reasonable Accommodation” and “Undue Hardship” Mean?
These two terms are critical components of the law and pregnant mothers should understand them so they can assert their rights. Under the PWFA, a reasonable accommodation is a change in the workplace or the way in which job duties are carried out, either of which are related to the employee’s pregnancy. Some examples include:
- Allowing employees more time or more flexible breaks to drink water, eat, rest, or go to the restroom
- Providing changing equipment, devices, or workstations to make work duties easier to perform
- Telework accommodations
- Allowing leave for healthcare appointments
- Letting the employee take leave to recover from childbirth or pregnancy- or childbirth-related medical conditions
An undue hardship is a significant burden, difficulty, or expense placed upon an employer because of an accommodation. An employer is not required to provide an accommodation that results in an undue hardship. Whether an accommodation creates an undue hardship varies from one case to another and may need to be settled by a court.
Understanding the PUMP Act
Thanks to the PUMP Act, most nursing mothers have the right to reasonable break time and a place (besides a bathroom) to express breast milk while at work. Such a place must be shielded from view, free from intrusion, and available to the mother for up to one year after the child’s birth. Certain employees of airlines, railroads, and motorcoach carriers are exempt from these protections. However, exempt employees may be covered by other laws. All employers that are subject to the Fair Labor Standards Act (FLSA) are subject to the PUMP Act. Employees cannot be punished, harassed, or discriminated against for asserting their rights under the law.
The two most critical components of the PUMP Act are:
- A reasonable amount of time to express milk; and
- A private place (other than a bathroom) in which to do it
The frequency and duration of the breaks will vary from one nursing mother to another. These breaks must be paid if the employee is not completely relieved of work duties. If employers do provide paid breaks, then the employee who expresses milk during these breaks must be compensated in the same manner that other workers are compensated for their break time.
As for the space itself, it must be shielded from view and free from the intrusion of other employees or the public. The employer has the option to create or convert a temporary space for expressing milk, or to make a space available when necessary. In other words, a dedicated or permanent space is not required. However, to comply with the law, the space in question has to be functional (meaning, it actually allows the mother to express milk) and available when the nursing mother needs it.
An employer who violates the law can be held liable for various legal remedies under the FLSA such as reinstatement of employment, promotion, payment of lost wages plus an additional and equal amount (known as liquidated damages), compensatory damages, and punitive damages in some cases. These remedies are available regardless of whether the employee also experienced retaliation.
Contact Our Employment Law Attorney Today
Pregnant and nursing mothers should understand that the above laws may not be the only ones that protect them from discrimination and require reasonable workplace accommodations. There may be other federal, state, or local statutes and ordinances that provide similar or additional benefits. If you have experienced unfair workplace treatment, give Stanfield Bechtel Law a call today.