Phoenix Pregnancy Discrimination and PUMP Act Lawyers

Understanding PUMP Act and Pregnant Workers’ Fairness Act

Two recently-enacted laws provide extensive new protections for pregnant workers, nursing mothers, and workers with limitations related to pregnancy and childbirth. These laws, the PUMP Act and the Pregnant Workers Fairness Act, help close significant gaps in the law that left many working mothers forced to choose between their careers and what was best for their families. 

PUMP Act

The PUMP Act, signed into law in December 2022, requires all employers covered under the Fair Labor Standard Act (FLSA) to provide both exempt and non-exempt workers appropriate time and space to pump breastmilk. Due to the wide applicability of the FLSA, this means that most employees are protected by the PUMP Act.

Absent an undue hardship, employers must provide reasonable break time and a private place that is shielded from view, other than a bathroom, for up to one year after the birth of the child for the worker to pump. Notably, the PUMP Act is a floor, providing a base of protection to employees; state or local laws may provide greater protections. 

It is unlawful for an employer to interfere with any individual’s rights under the PUMP Act or to discriminate against any employee for engaging in a protected activity such as filing a complaint related to the Act.

Pregnant Workers’ Fairness Act (PWFA)

The PWFA, which became effective in June 2023, requires covered employers with fifteen or more employees to provide reasonable accommodations to workers with known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation causes an undue hardship. The scope of this law is extensive; it requires employers to provide accommodations for not only pregnancy and childbirth but also IVF, pregnancy loss, and abortion healthcare.

The PWFA adopts the same meaning of “reasonable accommodation” as used in the Americans with Disabilities Act. It also requires employers to engage in the interactive process, which requires the employer to actively engage with the employee to determine an appropriate reasonable accommodation.

Some examples of a reasonable accommodation include the ability to sit or drink water; closer parking, flexible hours, appropriately sized uniforms and safety apparel, additional break time to use the bathroom, eat, and rest, time off to recover from childbirth, and being excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.

Issues under the PUMP Act and the PWFA can be very fact-intensive and require evaluation from an experienced attorney. If you have an issue in the workplace related to pregnancy, childbirth, or nursing, contact Weiler Law.

Contact Weiler Law PLLC today to meet with us!