Scott Joins Colleagues in House, Senate to Introduce Bipartisan Bill to Protect Pregnant Workers from Discrimination
WASHINGTON – Today, Congressman Robert C. “Bobby” Scott (D-VA), joined Reps. Jerrold Nadler (D-NY), Carolyn Maloney (D-NY), Jackie Speier (D-CA), Susan Davis (D-CA) and Marcia Fudge (D-OH), along with U.S. Senators Bob Casey (D-PA), Jeanne Shaheen (D-NH), Kelly Ayotte (R-NH) and Dean Heller (R-NV), to unveil new legislation that would protect pregnant workers from workplace discrimination.
“Women continue to face unnecessary obstacles in the workplace– whether it is the lack of suitable paid family and sick leave or paycheck disparities," said Scott, Ranking Member of the House Committee on Education and the Workforce. "The Pregnant Workers Fairness Act would remove one of these hurdles. This bill provides reasonable workplace accommodations for employees whose ability to perform their job is limited by pregnancy, childbirth, or a related medical condition.”
Following a Supreme Court decision in the case of Young v. UPS that left the workplace rights of pregnant workers uncertain, the Pregnant Workers Fairness Act would address legal ambiguities and help ensure that pregnant women are treated fairly on the job. The legislation, which is closely modeled after the Americans with Disabilities Act (ADA), would require employers to make reasonable accommodations -- such as a minor job modification – that would allow pregnant workers to continue working and prevent them from being forced out on leave or out of their jobs. The bill also prohibits employers from denying employment opportunities to women based on their need for reasonable accommodations related to pregnancy, childbirth, or related medical conditions.
Congressman Jerrold Nadler is the author of the bill.
“The Supreme Court’s decision in Young v. UPS, still leaves millions of pregnant workers unsure of their rights,” said Nadler. “It doesn’t need to be this complicated. The Pregnant Workers Fairness Act creates a simple, clear standard for every employer and is based on decades of case law. I am proud to stand here today with my colleagues from the Senate and reintroduce this critical legislation with bipartisan support to ensure that no woman has to choose between a healthy pregnancy and a paycheck.”
"The Pregnant Workers Fairness Act promotes workplace fairness, women's health, and employees’ rights,” said Congresswoman Marcia Fudge, who serves on the Committee. “America's economy is driven by its workforce, of whom nearly half are women. Pregnant women should not have to choose between their health and their job—they deserve to work in a fair, safe, and comfortable environment. Supporting pregnant women in the workplace is not only the right thing to do, it is the just thing to do.”
"With more and more women working while pregnant, we need to make sure that their employers provide them the reasonable and necessary accommodations they need (such as access to water) to ensure a safe and healthy pregnancy,” said Congresswoman Susan Davis, who serves on the Committee. “It is unfortunate that Congress needs to even address this issue since any sensible person would consider it inconceivable to fire a pregnant woman for trying to care for the health of herself and her baby.”
Sixty-two percent of pregnant women and new moms are in the labor force, yet under current law, pregnant workers can be placed on unpaid leave or forced out of their jobs because of a pregnancy. The recent Supreme Court decision in Young v. UPS recognized that pregnant workers may need temporary accommodations in the workplace, but placed an undue burden on pregnant workers to prove that they were victims of discrimination. The Pregnant Workers Fairness Act, by using a framework familiar to employers under the ADA, makes it easier for employers to comply with the law, and easier for pregnant workers to request those minor modifications that will enable them to continue working.
The bill has already garnered support from a broad coalition of organizations.
“Women make up almost half the workforce, but all too often they’re forced to make an impossible choice: risk their own health and pregnancy to keep a job or lose their income at the moment they can least afford it," said Emily Martin, National Women’s Law Center (NWLC) Vice President and General Counsel. "Pregnant workers are ready, willing and able to work but they are often pushed out by employers who refuse to make even minor temporary changes to their jobs to accommodate pregnant workers’ medical needs. We urge Congress to strengthen the law and put the Dark Ages behind us by passing the Pregnant Workers Fairness Act because no woman should have to choose between her job and her pregnancy.”
“This strong bipartisan showing reflects the reality that Americans support fairness for pregnant workers, regardless of their political leanings,” said Dina Bakst, Co-Founder & Co-President of A Better Balance. “We applaud our champions for being leaders on this issue and prioritizing the health and wellness of pregnant workers. Pregnant women don't have the luxury of time and excessive resources to rely on a confusing legal standard as recently laid out by the Supreme Court. The PWFA provides much needed clarity so that expecting mothers can avoid the impossible choice between earning a paycheck and staying healthy – a clarity that nine states since 2013 have already made clear.”
"The reintroduction of the Pregnant Workers Fairness Act is an essential step in the effort to eradicate pregnancy discrimination in this country," said Debra L. Ness, president of the National Partnership for Women & Families. "Pregnant workers and their families simply cannot afford to be unnecessarily and unfairly fired or pushed out of their jobs at a time that is so critical for their health and economic security, especially when minor on-the-job modifications would allow them to continue working and providing for their families. Today's bipartisan action is a promising sign that lawmakers are ready to take real action to protect pregnant workers from this kind of discrimination. It is time for all members of Congress to come together to pass this badly needed bill."
The legislation is supported by: A Better Balance; the AFL-CIO; the American Association of University Women; the American Civil Liberties Union; the American Congress of Obstetricians and Gynecologists; California Women’s Law Center; Equal Rights Advocates; Hadassah; the Leadership Conference on Civil and Human Rights; Legal Aid Society-Employment Law Center; Legal Momentum; the Main Street Alliance; the National Partnership for Women & Families; the National Organization for Women Foundation; the National Women’s Law Center; and many others.
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