New Obligations for Employers Concerning Pregnant and Nursing Employees

January 4, 2023

Just before the turn of the new year, President Biden signed two laws that directly affect certain employers’ obligations to their pregnant and nursing employees: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act.


The Pregnant Workers Fairness Act (PWFA)

The PWFA requires most employers to grant American-with-Disabilities-like reasonable accommodations for pregnant employees, including light duty and other arrangements, so far as the arrangements do not cause an undue burden on the employer and their operations. The law’s framework echoes that of the ADA, but temporarily carves out protections specifically for pregnant workers. As required by ADA, a pregnant worker would still need to be able to complete the essential functions of their role to be afforded the protections of their accommodation request.


The PWFA requires employers with 15 or more workers to provide such arrangements for job applicants and employees with conditions related to pregnancy or childbirth. Like the ADA, the PWFA prohibits employers from discriminating or retaliating against an employee for exercising their right to a pregnancy related accommodation.


The PWFA will be enforced by the US Equal Employment Opportunity Commission and the United States Attorney General’s Office.


The Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act

The PUMP Act extends already existing privileges under the Fair Labor Standards Act and requires employers with 50 or more employees to provide breaks and a private space, other than a restroom, for breastfeeding workers to express milk. Under the Act, many workers not previously entitled to lactation accommodations under federal law (such as salaried employees) are now covered.

The PUMP Act extends the need to provide these accommodations for up to one year after the employee’s child is born.


The Act contains “opportunity to cure” language that requires employees who believe their employer is out of compliance with the Act to give their employer notice of the potential violation, and 10 days to come into compliance, before making any claim of liability against their employer.


The Department of Labor (DOL) Wage and Hour Division is charged with enforcing the PUMP Act.


If your business has any questions on this or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Brandon Calton admitted to the United States District Court of Connecticut

June 10, 2025
Brandon Calton is now admitted to the United States District Court, Connecticut! The Royal Law Firm is passionate about expanding our reach so that we can better serve our clients and their needs. Brandon is admitted in Massachusetts, the United States District Court of Massachusetts, and the United States District Court of Connecticut.

Federal Court Vacates EEOC’s “Abortion Accommodation Mandate” in PWFA

By Heather Child • June 9, 2025
On May 21, 2025, the U.S. District Court for the Western District of Louisiana struck down a provision in the Equal Employment Opportunity Commission’s (EEOC) final rule under the Pregnant Workers Fairness Act (PWFA), ruling that the agency exceeded its authority by requiring employers to accommodate elective abortions that are not medically necessary. Background Information: In June 2022, the U.S. Supreme Court issued a decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and eliminated the constitutional right to abortion. Congress passed the Pregnant Workers Fairness Act in December 2022, and it became effective in June 2023. The law requires employers with 15 or more employees to provide reasonable accommodation to qualified applicants or employees who have physical or mental conditions related to pregnancy, childbirth, or related medical conditions, unless doing so would cause significant difficulty or expense for the employer. In April 2024, The EEOC issued its final interpretation of the PWFA including abortion in the definition of “pregnancy, childbirth, or other related medical conditions” thereby requiring employers to provide accommodations related to abortion. In May 2024, the states of Mississippi and Louisiana sued the EEOC, arguing that the interpretation conflicted with the U.S. Supreme Court’s Dobbs decision and their respective state laws on abortion. In June 2024, Judge Joseph found that the EEOC exceeded its authority and issued a preliminary injunction postponing the effective date of the interpretation to provide accommodation for elective abortions until final judgment was entered in this matter. The final judgment was entered on May 21, 2025, that remanded the matter to the EEOC to revise the final rule and all related implementing regulations and guidances. Employer Takeaways: While employers are no longer (as of now) REQUIRED to provide accommodation for elective abortions, the remainder of the PWFA remains in full effect The decision to have or not have an abortion remains protected under Title VII The PWFA does not supersede state or local laws providing greater protection for pregnant workers. It is important to stay up to date on state regulations to ensure employers are complying with state laws. While it is still unclear how this ruling will impact employers nationwide, it is still important to continue to stay up to date on ever-changing legislation.  If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.