Straightforward Strategies for Stepping Up to PUMP and PWFA

The U.S. Equal Employment Opportunity Commission’s final regulation to carry out the Pregnant Workers Fairness Act (PWFA) went into effect on June 18. Is your workplace ready?

The purpose of the PWFA—and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), which was signed into law in 2022—is to address the lack of accommodations for pregnancy, childbirth, or related medical conditions, which translates into the reality that pregnant workers can be forced to choose between earning money at their jobs or quitting to protect their health or the health of their pregnancy.

Without accommodations, pregnant workers too often find that they must quit their jobs or face being fired, which can also mean that workers lose their employer-sponsored health insurance at a time when they especially need it. Others are forced to take leave, which can mean that the worker does not have sufficient leave remaining to recover from childbirth later. By providing a path for accommodations for these workers, the PWFA will protect workers’ ability to earn, remain in the workforce, and advance in their careers.

The good news is that accommodations and the path to compliance are simple enough. Better still, they provide excellent opportunities to elevate cultural standards within your workplace.

Legal

Clarifying the law through the lens of your legal counsel is essential. Not only do you need a clear understanding of what policies and physical adjustments are required by law, but it is also critical that you meet the requirements for employees and applicants. Failure to comply with the PUMP Act and the PWFA leaves your organization vulnerable and exposed to litigation. The cost of being a defendant in a case is expensive and consuming.

Employee attorney Tom Spiggle, litigation partner at The Spiggle Law Firm in Arlington, Va., representing individuals facing discrimination, retaliation, and harassment in the workplace, said, “Even the choice to enlist the gold-plated level of support and training will be a nominal expense compared to being a defendant in a case brought against you. What would be spent defending your organization is a small percentage of what you would pay in damages. This is a no-brainer.”

Spiggle added, “These are well-intended laws, though they are moving very quickly—this is almost like building a plane while flying.” 

This perspective makes it clear that a timely, proactive approach is required. Note, too, as you continue into your planning and execution process that your legal team should remain in the loop.

The Center for American Progress sums the risk up well: “More specifically, if an employer has violated the break time requirement or has indicated that they have no intention of providing private space to pump, employees are able to file a lawsuit immediately. The same is true if an employee has been fired for requesting break time or space to pump. If an employer has not provided adequate space to pump, employees must notify their employer, and the employer then has 10 days to comply.”

Outside Advisor

Specialized consultants can work directly with you to analyze existing supports and gaps within your workplace. Many companies already have policies in place, but an advisor will lead physical audits and assess cultural feedback to develop actionable strategies. Employers may come to the realization that they are in a position to shift and elevate their organization’s general culture and reputation, which is a much more favorable place to be in than litigation. 

The goal is to go beyond merely complying with the law to actually validating and illustrating your commitment to your employees and workplace culture through action. This will introduce a new way to involve a broader expanse of your organization, creating a sense of community and pride.

Consider, too, engaging recently pregnant employees for their insights and experiences. This will allow for the building of elevated cultural engagement through peer support programs—a fantastic opportunity to learn through a new lens.

Stress psychologist Molly Dickens said: “Compliance is a good start, but setting a new cultural standard will have even deeper impacts. Stress in the workplace relates to how supported employees feel. When voices are heard and acknowledged, when standards are shifted based on real needs and not basic compliance, when culture embraces the full parenting experience, caregiving employees will feel more seen and supported. And the stress that translates to burnout and mental health—ultimately impacting retention—will decrease.”

Share your process and your newly unearthed insights with your communications team. Make a big deal out of your commitment as you actively strive to do better. This step goes a long way toward amplifying your commitment to not only comply with the law but also strengthen your brand, reputation, recruitment, and retention.

Vendors can help implement your strategy. Specialists can help you identify potential pumping spaces, acquire furniture and gear, and offer support such as lactation education, space design, and placement.

There are a number of organizations able to easily facilitate your next steps, including NESSEL, MAMAVA, SPACEWORX, Healthy Horizons, The Lactation Network, and PumpSpotting.

Implementing these practices will show that you have thoughtfully addressed and broadened both regulatory and cultural standards in a manner that mirrors your organizational values.

Julia Beck is the founder of the It’s Working Project, an organization committed to creating synergistic strategies for caregivers and their workplace or campus.