May 17, 2023
Employers take note—Congress’s recent enactment of the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) and the Pregnant Workers Fairness Act (“PWFA”) has significant implications for Arizona employers. Both the PUMP Act and PWFA are federal laws that expand the rights of pregnant and nursing employees by, among other measures, requiring employers to provide reasonable accommodations for pregnancy-related conditions and to create suitable spaces for nursing parents in the workplace.
Under the PUMP Act, employers must provide reasonable break time and private, non-bathroom spaces for nursing parents to pump milk during the first year of their child’s life. Importantly, the PUMP Act provisions apply to all employees regardless of their exempt or non-exempt status. Employers with fewer than 50 employees may be exempt from complying if they can establish that doing so would impose an undue hardship.
The PWFA, on the other hand, requires employers with 15 or more employees to offer reasonable accommodations to pregnant employees who experience limitations due to pregnancy, childbirth, or related medical conditions. Under the PWFA, employers are prohibited from retaliating against employees who request pregnancy and/or reproductive health-related accommodations, denying employment opportunities based on the need for such accommodation, or forcing employees to accept accommodations that are not suitable for their situation. Both the PUMP Act and the PWFA emphasize the importance of employers and employees engaging in a collaborative process to determine appropriate accommodations on a case-by-case basis.
In the event of non-compliance with these new measures, the PUMP Act allows employees to pursue legal action under the Fair Labor Standards Act (employees must provide notice to their employer and allow a reasonable period for the employer to address the issue before pursing legal action, however), while the PWFA allows employees to file a complaint with the Equal Employment Opportunity Commission to seek remedies such as back pay, compensation for damages, and coverage of legal costs. Remote employees are also covered by these laws—nursing parents working remotely must be provided with pumping breaks and should not be required to appear on video or camera during those times, and pregnant remote employees are now entitled to reasonable accommodations with regards to limitations attributable to pregnancy, childbirth, and other related medical conditions.
Importantly, these federal acts establish a minimum level of protection for pregnant and nursing employees. State laws may provide additional safeguards for employees, so it’s crucial for Arizona employers to consult legal counsel for guidance in navigating the effects of both federal and state requirements.
The attorneys at Farhang & Medcoff are ready and available to assist our clients in understanding these new protections and ensuring legal compliance in the workplace with these, and other, measures. Call us at (520) 214-2000 to schedule a consultation today.
This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.
