January 4, 2023

In A Big Win for Pregnant Workers, Senate Passes PWFA and PUMP

With bipartisan support, the United States Senate passed the Pregnant Workers Fairness Act and the PUMP for Nursing Mothers Act in December, both amendments to the federal omnibus budget. The amendments passed the House of Representatives in August, but languished in the Senate for months. Finally, with the lame duck session coming to a close the Senate voted 73-24 in favor of the PWFA and 92-5 for PUMP.

The PFWA solidifies reasonable accommodations for pregnant workers in a bid to counter employers’ common practices of firing or placing on unpaid leave such workers. Specific accommodations might include bathroom breaks, restricting how much weight a pregnant worker is required to lift or being able to sit while working a cash register.

The PUMP for Nursing Mothers Act, meanwhile, provides new provisions to allow breastfeeding mothers break time to pump, something many workers, especially hourly ones, are restricted from doing. This comes on the heels of a massive baby formula shortage in the US, which might rear its head again in 2023.

These amendments are the result of more than a decade of struggle and lobbying to improve the rights of pregnant workers.

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The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
Disability Discrimination
Leave
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

The First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

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