Pump and PWFA laws for women in the USA: What is it and why are women still concerned? Commentary

Abstract

Women bear the biological responsibilities of reproduction to ensure human population sustainability, yet women continue to face discriminatory treatments when they become either pregnant or nursing mothers. The question is, how do we legally reconcile women’s natural child-bearing roles and support their professional endeavours? Against this backdrop, the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections (PUMP) were passed by the US government to address workplace biases and discrimination against women and help women during pregnancy and after childbirth. The paper is a commentary highlighting the strengths and weaknesses of these laws. We submit that while these laws mean a breakthrough for women in these categories, there are inherent flaws and areas for improvement. A limitation of the act is that the PWFA and PUMP laws do not protect pregnant women in an all-encompassing manner, with some pregnant women excluded. Pregnant and nursing mothers should be protected by their employers regardless of the size of the organizations. We conclude that the PUMP and PWFA laws are not enough and there is a critical need for the government to address some of the critical barriers to the laws and provide an encompassing support for women.