Federal, New York State legislation expand protections for pregnant, nursing employees

A flurry of recent federal and New York State legislation has expanded protections for employees who are pregnant, nursing, or experiencing pregnancy-related medical conditions.

Federal legislation

Employers should be aware of two key laws that were included in the recent federal Omnibus Spending Bill. The Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) increase federal protections for pregnant and nursing employees in the workplace.

The Pregnant Workers Fairness Act

Under the federal Americans with Disabilities Act (ADA), most employers have an obligation to provide reasonable accommodations to qualified employees and applicants with disabilities, unless doing so would cause the employer undue hardship.

The employer and employee or applicant with a disability must engage in an “interactive process” to arrive at an effective reasonable accommodation. Courts across the country have generally held, however, that a healthy pregnancy, standing alone, does not qualify as a disability for which reasonable accommodations are available under the ADA.

Congress passed the PWFA to provide pregnant employees and job applicants with ADA-style protections. Specifically, the PWFA—which applies to employers with 15 or more employees—requires employers to provide reasonable accommodations to employees and applicants who have known temporary limitations because of a physical or mental condition related to pregnancy, childbirth, or related medical conditions.