The Equal Employment Opportunity Commission (EEOC) has been stepping up enforcement of the Pregnant Workers Fairness Act (PWFA) and the PUMP Act, which enacted federal protections of pregnant women. This has been seen in a handful of cases with employers paying out settlements due to alleged pregnancy discrimination. This could be a sign of employers potentially facing increased liability as the EEOC dedicates more resources towards enforcing the PWFA and PUMP Act.
What is the PWFA and PUMP Act?
The Pregnant Workers Fairness Act and PUMP Act were two laws passed last year that increase protections for pregnant workers under federal law. The PWFA, more specifically, expands Title VII of the Civil Rights Act to make it illegal to discriminate against workers who are pregnant or who were recently pregnant, and requires employers to provide reasonable accommodations for pregnant workers who need them. The PUMP Act, meanwhile, requires employers to allow breastfeeding mothers to take time to pump breast milk, giving them reasonable time and space to do so in private.
Why Were These Laws Passed?
The laws were passed to help address issues with pregnant workers and recently pregnant workers who struggle to keep their jobs, even when they are otherwise able to work. All too often, employers resort to putting pregnant workers on maternity leave as early as possible, which can cost workers time and income and have a negative impact on their professional lives. These laws help keep workers on the job for longer by requiring employers to provide reasonable accommodations, rather than simply putting them on leave and replacing them with a temp worker.
What Does it Mean That the EEOC is Increasing Enforcement?
The EEOC increasing enforcement of the PWFA and PUMP Act is a sign that it is serious about ensuring these rules are respected by employers throughout the United States. By penalizing employers who violate these two laws, other employers will be more likely to comply. It also means they are taking the concerns of pregnant workers seriously, and moving forward with legal action against employers who fail to provide reasonable accommodations to their employees.
How Could This Affect You?
If you are a pregnant worker, or you were recently pregnant, you have the right under the PWFA and PUMP Act to seek reasonable accommodations to address your medical needs. You also have a right to seek penalties against your employer if they fail to comply with these laws. If this happens to you, the best thing you can do is speak to a lawyer with experience handling employment law issues, who can assist you with your case.
Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with more than 44 years’ experience handling the many aspects of employment law. His new book, “Fired!: Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” is available in hardback, and contains valuable advice on dealing with employment and labor law issues. To purchase the book, feel free to contact Steven Sack at 917-371-8000 or visit the website at legalstratpub.com. To inquire about a legal matter, please feel free to contact attorney Steven Sack at 917-371-8000 or stevensackatty@hotmail.com.
