In light of the most recent updates to pregnancy-related legislation, employers must be aware of the new requirements contained in the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. This article explores the new changes and recommended policy modifications to ensure employers are complying with the PWFA and PUMP Act.

The Pregnant Workers Fairness Act (PWFA)

The PWFA, which went in effect on June 27, guarantees the affirmative right to receive reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions unless the accommodation would pose an “undue hardship” on the employer. An “undue hardship” is a significant difficulty or expense for the employer. Employers should be warned that historically, the “undue hardship” burden is a difficult and narrow standard to meet, and one that should only be relied upon after a fully engaged interactive process has ensued.