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The Pregnant Workers Fairness Act, a federal bill requiring employers to observe certain pregnant worker rights, has easily passed in the House, with all Democrats and over half of all Republicans supporting it.
If passed in the Senate, the bill will require employers to “make reasonable accommodations” for workers who are pregnant, including for childbirth and other related medical conditions. In addition, the law provides other protections for pregnant workers. It would protect pregnant workers’ leave time, both paid and unpaid, by not allowing employers to force the workers to take it.
“In many instances, physicians recommend that pregnant workers avoid or limit certain risks in the workplace, including exposure to certain toxic substances, heavy lifting, overnight work, extended hours, or prolonged periods of sitting or standing,” notes the Pregnant Workers Fairness Act Fact Sheet issued by the Education & Labor Committee. “Unfortunately, many workers are forced to endure these risks because they lack access to reasonable accommodations. This is most often the case for Black and Latina workers, who are overrepresented in low-wage, physically demanding jobs.”
Further, employers would be barred from retaliating against employees who ask for accommodations due to pregnancy. Employers would also not be allowed to make hiring or other employment decisions based on accommodations necessary for a worker who is pregnant.
Proponents of the bill say it is important as the workforce continues to change to include more women as primary income earners in their households. Additionally, the Education & Labor Committee’s fact sheet points out that 88% of first-time mothers report working into their third trimester — many up until their due date.
“For as long as women have been in the workforce, instead of being accommodated, they have been fired or forced out on leave when they become pregnant,” the measure’s sponsor, Judiciary Committee Chairman Jerry Nadler, D-N.Y., said on the House floor. “Pregnancy is not a disability, but sometimes pregnant workers need an easy fix such as a stool or an extra bathroom break to stay on the job. These accommodations are short in duration and typically cost very little to provide, but they can mean the difference between keeping your job or putting your pregnancy at risk.”
Advocates, including several groups that supported the bill through the House, say the importance of protecting pregnant workers has become stark in the face of COVID-19. Indeed, the Education & Labor Committee points out in its fact sheet regarding the bill that 64% of the “frontline” workforce is made up of women and pregnant people are more likely to be hospitalized if they contract coronavirus.
“In the past few months alone, A Better Balance has heard from hundreds of pregnant women across the country, disproportionately women of color, many in essential jobs, who continue to face termination or are forced out for needing a temporary workplace accommodation,” said a representative for A Better Balance, an advocacy group for workplace rights. “No one should have to choose between keeping their job and a healthy pregnancy — not during a pandemic, not ever.”
If passed, the law will be enforced by the Equal Employment Opportunity Commission, along with other pregnant employee laws now on the books. In addition, 27 states currently have pregnant employee laws that protect their right to accommodations. Employees can also currently bring lawsuits over discrimination against pregnant workers under Title VII of the Civil Rights Act.
Lawmakers say this pregnant worker rights bill is an important addition to these other protections. Currently, although a pregnant worker can claim their employer failed to accommodate them under the Pregnancy Discrimination Act, they must provide evidence that they would have been treated differently had they asked for accommodation with another type of condition or an injury.
“Unfortunately, over 40 years after the passage of the Pregnancy Discrimination Act of 1978, workers still face pregnancy discrimination, which can include losing a job, being denied reasonable accommodation, or not being hired in the first place,” states the Committee on Education & Labor’s Fact Sheet, citing a survey that reports that 62% of employees have seen pregnancy discrimination at work.
The Pregnant Workers Fairness Act, if passed, would make it incumbent upon employers to show they attempted to accommodate the worker instead.
The Pregnant Workers Fairness Act would only apply to companies with more than 15 employees. If passed, accommodations under the law will follow a similar process as accommodations under the Americans with Disabilities Act.
The bill has been proposed by Nadler repeatedly since 2012; however, this is the first time it has passed the House.
Are you a pregnant worker? What do you think about the Pregnant Workers Fairness Act or other pregnant-employee laws? Tell us in the comment section below.
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