Senate Approves Protections for Pregnant Workers

The U.S. Senate voted on Dec. 22 to include the Pregnant Workers Fairness Act (PWFA) in the federal spending package for 2023. Congress is expected to vote on the broad $1.7 trillion bill before the end of the workweek.

The PWFA would require employers with 15 or more employees to provide reasonable accommodations for job applicants and employees with known limitations related to pregnancy, childbirth and related medical conditions. In the omnibus bill, Congress also included the Providing Urgent Maternal Protections for Nursing Mothers Act (known as the PUMP Act) to expand workplace lactation accommodations.

The PWFA was modeled on the Americans with Disabilities Act (ADA), and it tracks with several state laws already passed to bar discrimination against pregnant workers. When it comes to workers who are breastfeeding, federal law already requires employers to provide reasonable break time and a clean space to express milk. The PUMP Act would end the carve-out and extend protections to millions more.