Historically, a pregnant woman with a “normal” pregnancy was not considered “disabled” under the Americans with Disabilities Act (“ADA”), and, therefore, there was no requirement for employers to provide her with a reasonable accommodation during pregnancy. Effective June 29, 2023, that rule will change.

On December 29, 2022, President Biden signed into law two laws protecting pregnant and nursing mothers. The two laws are the Pregnant Workers Fairness Act (the “PWFA”) and the Providing Urgent Maternal Protections (“PUMP”) for Nursing Mothers Act. Each of these Acts provides new, additional protections to pregnant women.

The PWFA provides that covered employers must provide “reasonable accommodations” to allow pregnant workers to perform the essential functions of their positions. PWFA incorporates various definitions from the ADA and, as a result of that, employers must engage in the interactive process with pregnant employees who request an accommodation in order to attempt, in good faith, to reach such an accommodation which may include temporarily adjusting the non-essential functions of the job and/or leave.

The PUMP Act, which went into effect immediately, amends the Fair Labor Standards Act and requires certain employers to provide reasonable break time for all employees, including salaried employees, to express breast milk as needed and to provide a clean and private space for nursing mothers to express milk separate and apart from restrooms.

Although some state and local laws already provided employees protections and rights similar to those under the PWFA and the PUMP Act, this is the first time these protections and rights apply under federal law.

Employers should ensure that their policies and procedures comply with the PWFA and PUMP Act.