The Pregnant Workers Fairness Act Will Become Law: 'A Historic Victory 10 Years in the Making'

[niyad]

The Pregnant Workers Fairness Act Will Become Law: ‘A Historic Victory 10 Years in the Making’
12/13/2022 by MiQuel Davies and Dr. Smita Carroll

Update Thursday, Dec. 22, at 1:05 p.m. PT: In a historic victory, the Senate added the Pregnant Workers Fairness Act to the end-of-year omnibus package.

“Today’s Senate vote is a historic victory that has been more than 10 years in the making,” said Fatima Goss Graves, president and CEO of the National Women’s Law Center. “When this end-of year package passes the House and is signed into law, it will no longer be the case that pregnant workers can be ousted from their jobs for simply requesting basic accommodations like permission to sit on a stool, carry a bottle of water, or take additional bathroom breaks. “Before this legislation, too often, when a pregnant worker needed a minor change in workplace duties or policies because of pregnancy, she was forced to take unpaid leave or be pushed out of work entirely—at a moment when she and her family could least afford it.”



Advocates, legislators and pregnant workers rally on Capitol Hill in support of The Pregnant Workers Fairness Act on Dec. 1, 2022. The PWFA would close a legal loophole in the landmark Pregnancy Discrimination Act by ensuring all employers provide pregnant and postpartum workers with modest accommodations on the job. (Paul Morigi / Getty Images for A Better Balance)

Discrimination in the workplace against people who are pregnant is not a new phenomenon. In fact, this has been an ever-present sickness of capitalism and the workplace, systems that were not designed to support pregnancy. Because of the oppressive impact of workplace discrimination on the health and well-being of our communities, it has been the ongoing work of advocates and lawmakers to change our laws, policy and culture to better care for people who are pregnant. And while important advances have been made, including the passage of the 1978 Pregnancy Discrimination Act, significant gaps remain. We need more policy to protect pregnant people, and the passage of the Pregnant Workers Fairness Act would be an important and necessary first step.

The 1978 Pregnancy Discrimination Act was an important law that made discrimination on the basis of pregnancy, childbirth or related medical conditions illegal. Its passage was essential. It allowed more pregnant people to remain employed and continue to support their families while pregnant without the concern of being forced out of a job. While this legislation was not a blanket fix on pregnancy discrimination, the Pregnancy Discrimination Act was critical for ensuring women and people with the capacity for pregnancy could remain and advance in the workplace—before, during and after childbirth.

Unfortunately, courts have interpreted the protections offered by the Pregnancy Discrimination Act narrowly, allowing employers to refuse to accommodate workers with medical needs arising out of pregnancy. This means many pregnant people continue to face significant pregnancy discrimination and are forced to choose between their health and their jobs. This context brings us to today, where we have a clear cut solution with broad support from lawmakers across the political spectrum. And yet, even at the end of 2022, on the brink of a new Congress, the Senate has not yet acted to pass the solution known as the Pregnant Workers Fairness Act (PWFA).

The PWFA would require employers to provide reasonable, temporary workplace accommodations to pregnant workers as long as the accommodation does not impose an undue burden on the employer. These reasonable, medically necessary workplace accommodations can include allowing for an additional bathroom break, having a glass of water at a work station, having food at your desk, access to additional masks or a separate space to work in to reduce exposure to COVID-19 or RSV, lifting restrictions, or a stool to sit on to decrease time spent standing.These accommodations are such small adjustments to an employee’s work that you may be wondering: Is a law like the PWFA actually necessary? The answer is emphatically yes.


A rally on Capitol Hill in support of The Pregnant Workers Fairness Act on Dec. 1, 2022. (Paul Morigi / Getty Images for A Better Balance)

. . . . .


https://msmagazine.com/2022/12/13/pregnant-workers-fairness-act-women-discrimination/