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New Law Protects Pregnant Workers' Rights
17 Sep
Summary
- Employers must provide reasonable accommodations for pregnant employees.
- New law prohibits retaliation for requesting workplace accommodations.
- Nursing mothers are entitled to breaks and private spaces for expressing milk.

A new federal law, the Pregnant Workers Fairness Act, effective since June 2023, requires employers with 15 or more staff to offer reasonable accommodations for pregnant and postpartum workers. This legislation aims to prevent discrimination by ensuring employees can continue their jobs with necessary adjustments, such as modified physical tasks or flexible schedules.
Under the act, employers must prove that denying accommodations would cause undue hardship, a high legal standard. The law also explicitly prohibits retaliation against employees who request these necessary changes or medical condition-related support.
Additionally, protections extend to nursing mothers, guaranteeing adequate breaks and private spaces for expressing milk, distinct from bathrooms. This addresses situations like that of EMT Heydi Fernandez, who faced workplace issues related to pumping.
Workers are advised to understand their rights and document communications with employers regarding pregnancy-related needs. The law also covers those undergoing fertility treatments and managing pregnancy-related medical conditions.
Previous protections, including a 1978 amendment to the Civil Rights Act, already prohibited discrimination based on pregnancy, childbirth, or related conditions. The Providing Urgent Maternal Protections for Nursing Mothers Act, effective in 2022, further reinforces protections for nursing employees.