On December 29, 2022, President Biden signed into law two new Bills offering additional protections for pregnant and lactating workers.

The Pregnant Workers Fairness Act (PWFA)

The PWFA prohibits employment practices that discriminate against making reasonable accommodations for qualified employees affected by pregnancy, childbirth, or related medical conditions. Under the PWFA, a qualified employee is an employee/applicant who, with or without reasonable accommodation, can perform the essential functions of the position, with specified exceptions.

State and federal law require employers to meet workplace posting obligations. What must be posted depends on many factors including the number of employees, nature and location of the employer’s business, annual dollar volume, whether the employer is a federal contractor, and in certain instances the employer’s industry.

Posting requirements vary by statute which means not all employers will be subject to each posting requirement. Posters must be conspicuously placed in an area of the workplace frequented by employees throughout the workday.

The California Equal Pay Act prohibits an employer from paying its employees less than that of the opposite sex for equal work. Equal Pay Act mandates were strengthened with the signing of the California Fair Pay Act (SB 1162) which, starting January 1, 2023, will require employers to disclose additional pay data, provide pay ranges for posted positions and increase pay transparency for applicants and employees.

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