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 Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

The Berke-Weiss Law Weekly Roundup: Black Pregnancy in New York City and School Reopening Reversals

August 10, 2020
Race Discrimination
Pregnancy Discrimination
We’re now a week into the expiration of the enhanced unemployment benefits of the CARES Act and the news is not good. Congress and the White House remain at least a trillion of dollars apart on a new deal, with the Senate GOP split, though their prized bit of the CARES Act, the corporate bailout, did not have an expiration date, unlike those parts aimed at protecting workers, such as the PUA and eviction moratoriums. Thus, with depressing predictability, there were a spate of alarming stories this week echoing the fears that tenant unions and activists have been voicing for months: by ending employment relief we are hurtling toward a cliff, over which lies massive, nationwide evictions.

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

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