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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With Michael Bloomberg in the Race, It's Time We Talk About NDAs (again)

February 25, 2020
Pregnancy Discrimination
Sexual Harassment
In 2018, Governor Cuomo signed a law that banned many NDAs and mandatory arbitration for complaints, but some activists and policymakers argued that the state had focused too narrowly on sexual harassment, and the 2019 laws expanded the 2018 laws to include protections against NDAs in other forms of workplace discrimination.

The Postpartum Ad the Oscars Wouldn't Run

February 24, 2020
Pregnancy Discrimination
Paid Family Leave
Sometimes reality is too real for Hollywood and the culture machine, as was demonstrated when ABC and the Academy decided not to air an ad dealing straightforwardly with the reality of postpartum life. The ad for Frida Mom, a retailer in the baby and new mother field, depicted a women confronting in a realistic manner the stress and changes that occur for new mothers.

Associate Alex Berke quoted in Mother Jones on Defamation and Sexual Harassment

February 18, 2020
Sexual Harassment
Alex Berke, an employment lawyer in New York, says she asks men what their goal is when they come to her after being accused of sexual harassment. Will a lawsuit really stop people from talking about them?

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