Expanded Job Protections for Pregnant and Nursing Workers
| Publication year | 2023 |
| Pages | 44 |
LABOR AND EMPLOYMENT LAW
Viis article discusses employment protections available to pregnant and nursing workers in Colorado, including the recently enacted Pregnant Workers Fairness Act and PUMP Act.
Two new federal laws greatly expand employment protections for pregnant and nursing workers nationwide: the Pregnant Workers Fairness Act (PWFA),[1] which took effect on June 27, 2023, and the Providing Urgent Maternal Protections For Nursing Mothers Act (PUMP Act),[2] which took effect on April 28, 2023. While these laws fill in the gaps that existed under current laws, they do not replace federal, state, or local laws that are more protective of workers affected by pregnancy, childbirth, or related medical conditions. This article provides an overview of the current laws that apply to Colorado employers and summarizes the provisions of the two new laws.
Current Laws Dealing With Pregnancy Issues
In addition to federal pregnancy-related laws, more than 30 states and cities have laws that provide accommo dations for pregnant workers. Some key federal and state laws that apply to Colorado employers are outlined below.
Federal Pregnancy-Related Laws
Pregnancy discrimination has been specifically prohibited since 1978 when the Pregnancy Discrimination Act (PDA)[3] was passed, amending Title VII of the Civil Rights Act of 1964.[4] The PDA requires that employers treat employees with pregnancy-related issues the same as other employees. Enforced by the Equal Employment Opportunity Commission (EEOC), Title VII protects an employee from discrimination based on pregnancy, childbirth, or related medical conditions.
The Americans With Disabilities Act of 1990 (ADA)[5] requires employers to provide reasonable accommodations to employees with certain pregnancy-related conditions that qualify as a disability. Also enforced by the EEOC, the ADA prohibits discrimination based on disability. The ADA requires covered employers to provide reasonable accommodations to a person with a disability unless the accommodation would cause an undue hardship for the employer. Although pregnancy is not a disability under the ADA, some pregnancy-related conditions may qualify.
The Family and Medical Leave Act of 1993[6](FMLA) provides workers with unpaid, j ob-protected leave for a variety of family and medical reasons, including pregnancy. A mother can use 12 weeks of FMLA leave for the birth of a child, for prenatal care, for incapacity related to pregnancy, and for her own serious health condition following the birth of a child. However, many common pregnancy issues are not covered under the PDA, ADA, or FMLA.
Colorado Pregnancy-Related Laws
Under Colorado's Pregnant Workers Fairness Act, which has been in place since 2016, disabilities caused by pregnancy, miscarriage, abortion, and childbirth are considered temporary disabilities for all job-related purposes.[7] Employers must treat pregnancy-related disabilities the same as other temporary disabilities with respect to such matters as leave duration, leave extensions, job reinstatement, and health insurance...
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