TLDR; Despite laws already in place, many employees who are pregnant or nursing suffer from illegal pregnancy discrimination. Recent legislation includes two acts that broaden protection for them and make it available to millions of workers who were not covered before.
Gone are the days when mothers stayed home while pregnant and after giving birth. According to the U.S. Bureau of Labor Statistics, women make up over 57% of the workforce, and many of them keep working throughout and after their pregnancy.
However, those who do so often face a difficult situation when they disclose their pregnancy that forces them to choose between their livelihood and their health—pregnancy discrimination.
Pregnancy discrimination occurs when an employer fires the pregnant employee, refuses to make reasonable accommodations, or retaliates in some other way.
Yes, beginning with the Civil Rights Act of 1964.
Despite these laws, those who are pregnant and nursing have still struggled with discriminatory behavior in the workplace.
Yes. In an effort to eradicate this ongoing problem, President Biden signed two key pieces of legislation into law on December 29, 2022.
Pregnant Workers Fairness Act (PWFA)
The stated purpose of the PWFA is “[t]o eliminate discrimination and promote women’s health and economic security by ensuring reasonable workplace accommodations for workers whose ability to perform the functions of a job are limited by pregnancy, childbirth, or a related medical condition.” - Mintz
Reasonable workplace accommodations include things like a stool to sit on, extra breaks, and lowering lifting requirements.
Most importantly, the act makes the following illegal:
Instead of providing protection for specific (and/or extreme) situations, this act covers the day-to-day conditions in the workplace. While sitting on a stool may seem minor, for a pregnant person, it could be the difference between making it through the day or not. Such accommodations also enable the person to be productive in their job, rather than just trying to “hang in there.”
It also gives employees the legal right and protection to ask for such accommodations without fear of reprisal. Many people often opt to suffer in silence rather than risk their job, but now, they can ask with the authority of the federal government behind them.
Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act)
The stated purpose of the PUMP Act is “to expand access to breastfeeding accommodations in the workplace, and for other purposes.” - Mintz
The PUMP Act provides protection for millions of other salaried employees who were previously ineligible for such accommodations. It also states when nursing employees must be paid for time spent pumping and lays out legal solutions for any violations.
Required pumping accommodations are as follows:
Important note: These stipulations don’t apply to employers with less than 50 employees if it would cause undue hardship. There are also exemptions for certain transportation workers.
Many mothers who go back to work after giving birth struggle with annoyed, side-eye looks when they take a break to pump. Motherhood and making a living seem to be in conflict where one must take precedence over the other. Fortunately, the PUMP Act clearly states that this is no longer the case in the workplace.
As a result, breastfeeding mothers have the legal right to pump for up to two years and get paid if they are working at the same time. What some employers may have considered an inconvenience has been designated as a valid reason for a break and no longer an obstacle to getting paid.
Pregnancy, birth, and nursing are challenging enough for a mother without them having to worry about making a living. Recent federal legislation attempts to fill in the gaps left by older laws and give the majority of employees the protection they need at work. For best results, clear communication throughout the interactive process is key to ensuring that this new stage of work life goes smoothly.
To find out state-specific information on workplace protection, check out this map by the U.S. Department of Labor.
Gone are the days when mothers stayed home while pregnant and after giving birth. According to the U.S. Bureau of Labor Statistics, women make up over 57% of the workforce, and many of them keep working throughout and after their pregnancy.
However, those who do so often face a difficult situation when they disclose their pregnancy that forces them to choose between their livelihood and their health—pregnancy discrimination.
Pregnancy discrimination occurs when an employer fires the pregnant employee, refuses to make reasonable accommodations, or retaliates in some other way.
Yes, beginning with the Civil Rights Act of 1964.
Despite these laws, those who are pregnant and nursing have still struggled with discriminatory behavior in the workplace.
Yes. In an effort to eradicate this ongoing problem, President Biden signed two key pieces of legislation into law on December 29, 2022.
Pregnant Workers Fairness Act (PWFA)
The stated purpose of the PWFA is “[t]o eliminate discrimination and promote women’s health and economic security by ensuring reasonable workplace accommodations for workers whose ability to perform the functions of a job are limited by pregnancy, childbirth, or a related medical condition.” - Mintz
Reasonable workplace accommodations include things like a stool to sit on, extra breaks, and lowering lifting requirements.
Most importantly, the act makes the following illegal:
Instead of providing protection for specific (and/or extreme) situations, this act covers the day-to-day conditions in the workplace. While sitting on a stool may seem minor, for a pregnant person, it could be the difference between making it through the day or not. Such accommodations also enable the person to be productive in their job, rather than just trying to “hang in there.”
It also gives employees the legal right and protection to ask for such accommodations without fear of reprisal. Many people often opt to suffer in silence rather than risk their job, but now, they can ask with the authority of the federal government behind them.
Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act)
The stated purpose of the PUMP Act is “to expand access to breastfeeding accommodations in the workplace, and for other purposes.” - Mintz
The PUMP Act provides protection for millions of other salaried employees who were previously ineligible for such accommodations. It also states when nursing employees must be paid for time spent pumping and lays out legal solutions for any violations.
Required pumping accommodations are as follows:
Important note: These stipulations don’t apply to employers with less than 50 employees if it would cause undue hardship. There are also exemptions for certain transportation workers.
Many mothers who go back to work after giving birth struggle with annoyed, side-eye looks when they take a break to pump. Motherhood and making a living seem to be in conflict where one must take precedence over the other. Fortunately, the PUMP Act clearly states that this is no longer the case in the workplace.
As a result, breastfeeding mothers have the legal right to pump for up to two years and get paid if they are working at the same time. What some employers may have considered an inconvenience has been designated as a valid reason for a break and no longer an obstacle to getting paid.
Pregnancy, birth, and nursing are challenging enough for a mother without them having to worry about making a living. Recent federal legislation attempts to fill in the gaps left by older laws and give the majority of employees the protection they need at work. For best results, clear communication throughout the interactive process is key to ensuring that this new stage of work life goes smoothly.
To find out state-specific information on workplace protection, check out this map by the U.S. Department of Labor.
