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New Obligations for Employers Concerning Pregnant and Nursing Employees

January 4, 2023

Just before the turn of the new year, President Biden signed two laws that directly affect certain employers’ obligations to their pregnant and nursing employees: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act.


The Pregnant Workers Fairness Act (PWFA)

The PWFA requires most employers to grant American-with-Disabilities-like reasonable accommodations for pregnant employees, including light duty and other arrangements, so far as the arrangements do not cause an undue burden on the employer and their operations. The law’s framework echoes that of the ADA, but temporarily carves out protections specifically for pregnant workers. As required by ADA, a pregnant worker would still need to be able to complete the essential functions of their role to be afforded the protections of their accommodation request.


The PWFA requires employers with 15 or more workers to provide such arrangements for job applicants and employees with conditions related to pregnancy or childbirth. Like the ADA, the PWFA prohibits employers from discriminating or retaliating against an employee for exercising their right to a pregnancy related accommodation.


The PWFA will be enforced by the US Equal Employment Opportunity Commission and the United States Attorney General’s Office.


The Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act

The PUMP Act extends already existing privileges under the Fair Labor Standards Act and requires employers with 50 or more employees to provide breaks and a private space, other than a restroom, for breastfeeding workers to express milk. Under the Act, many workers not previously entitled to lactation accommodations under federal law (such as salaried employees) are now covered.

The PUMP Act extends the need to provide these accommodations for up to one year after the employee’s child is born.


The Act contains “opportunity to cure” language that requires employees who believe their employer is out of compliance with the Act to give their employer notice of the potential violation, and 10 days to come into compliance, before making any claim of liability against their employer.


The Department of Labor (DOL) Wage and Hour Division is charged with enforcing the PUMP Act.


If your business has any questions on this or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Medical Marijuana Use Protected from Adverse Action

April 2, 2025
A recent court decision in Pennsylvania offers clarification that employers cannot take adverse action for marijuana use against individuals who possess medical marijuana cards, at least under Pennsylvania’s Medical Marijuana Act. In this decision, an individual received a conditional job offer for a non-safety sensitive position, contingent on a drug test. The individual disclosed his state-certified use of medical marijuana to treat anxiety, depression and ADHD, assuring the employer that it wouldn’t affect job performance or safety. After a positive test for marijuana, the employer rescinded the offer, citing safety concerns. The individual sued the employer under the Pennsylvania Medical Marijuana Act (“MMA”) and disability discrimination under the Pennsylvania Human Relations Act (“PHRA”). The Court allowed the individual’s claim under the MMA to proceed, potentially creating substantial precedent for tolerance of individual medical marijuana use in non-safety sensitive positions. The Court specifically noted that MMA protects individuals not just from discrimination based on card holder status, but also for adverse actions based solely on lawful medical marijuana use. The Court otherwise dismissed the individual’s claims under the PHRA because the PHRA does not require employers to accommodate medical marijuana use, even if it is prescribed for a legitimate medical condition. While a Pennsylvania decision, this decision potentially has rippling implications that will affect Massachusetts employers and employers in states where medical marijuana use is allowed under state law, which is allowed in some manner in 44 states. Employer Takeaways Understand State-Specific Protections : Laws regarding medical marijuana use differ widely across states. In some areas, cardholder status is protected, while in others, it is not. Employers operating in multiple states must ensure their hiring and accommodation practices comply with the relevant laws in each state. Base Safety Concerns on Job-Specific Evidence : General or speculative safety concerns are insufficient, particularly in states with strict employee protections. Safety risks cited should be specific, evidence-based, and directly related to the essential functions of the job. Review Drug Testing and Accommodation Policies: Update your policies to reflect current state laws and clarify how your organization manages disclosures of medical marijuana use, especially during the hiring process .  If you have any queries regarding drug testing or other workplace accommodations following this ruling, it is prudent to contact legal counsel. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

The Royal Law Firm Awarded Finalist of 2025 Best of The Valley Readers’ Poll

March 28, 2025
The Royal Law Firm was a Finalist for Best Law Firm in The Best of The Valley Readers' Poll for 2025, as published by the Valley Advocate! Thank you to everyone who voted for us, and to those of you who trust us to help you in times of need. Click here to check out all of the category winners and finalists.
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