Should employers be required to provide adequate accommodations for a pregnant employee?
Bill Summary
The Pregnant Workers Fairness Act will require employers to make reasonable accommodations for pregnant or childbearing employees, except in cases where undue hardship would be present for the employer. This act will also prevent an employer from forcing their pregnant employee to accept unreasonable accommodations and will prevent the denial of a pregnant job seeker because of pregnancy or childbirth-related reasons. Additionally, pregnant employees will not be required to take any form of leave because of their pregnancy.
Sponsor: Rep. Jerry Nadler (Democrat, New York, District 10)
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Opponents say
• “The purpose of America’s nondiscrimination laws, and the agencies enforcing them, is to give all Americans equal opportunities to succeed. That being said, overzealous government intervention often causes more harm than good. While we are committed to preventing and combating unlawful discrimination, we should carefully examine legislation that could cause confusion and prove difficult to implement.”
Source: Rep. James Comer (Republican, Kentucky, District 1)
• “Significant progress has been made negotiating a bipartisan compromise on H.R. 2694 and I commend Chairman Scott for his willingness to entertain these discussions. Unfortunately, one major issue remains. The legislation we will consider could result in religious organizations being denied protections they receive under current law.” Source: Rep. Virginia Foxx (Republican, North Carolina, District 5)
• “Significant progress has been made negotiating a bipartisan compromise on H.R. 2694 and I commend Chairman Scott for his willingness to entertain these discussions. Unfortunately, one major issue remains. The legislation we will consider could result in religious organizations being denied protections they receive under current law.” Source: Rep. Virginia Foxx (Republican, North Carolina, District 5)
Proponents say
• “I thank Chairman Scott and the entire Education and Labor Committee for passing the Pregnant Workers Fairness Act. This bill is long overdue. I introduced the PWFA because our current laws are forcing pregnant workers to make impossible choices between staying in an unsafe job or being forced out on leave or fired. It doesn't have to be that complicated, and by moving the legislation forward today, we can finally ensure that no one has to choose between a healthy pregnancy and a paycheck.”
Source: Rep Jerrold Nadler (Democrat, New York, District 10)
• “When a pregnant worker is forced to quit, coerced into taking unpaid leave, or fired because her employer refuses to provide a temporary job accommodation, the economic impact can be severe; if she is the sole or primary breadwinner for her children, as nearly half of working women are, her entire family will be without an income when they most need it. She further may be denied unemployment benefits because she is considered to have left her job voluntarily. She may have few, if any, additional resources on which to rely. PWFA ensures that women would not face such devastating consequences. Instead, it treats pregnancy for what it is—a normal condition of employment for millions of women that should not cost them their paycheck.” Source: Vania Leveille (American Civil Liberties Union)
• “No woman should be forced out of a job or denied employment opportunities simply because she is pregnant. As a working mom, I learned just how important it is to be protected from workplace discrimination, and to be given the ability to prioritize my health and the health of my child. My pregnancy with Jordan was high risk – I had to make difficult decisions to ensure my own health and safety, as well as the health and safety of my child. I am proud to support the Pregnant Workers Fairness Act – a bipartisan bill to protect pregnant workers and to ensure that employers provide necessary and reasonable accommodations to keep moms-to-be safe at work” Source: Rep. Lucy McBath (Democrat, Georgia, District 6)
• “When a pregnant worker is forced to quit, coerced into taking unpaid leave, or fired because her employer refuses to provide a temporary job accommodation, the economic impact can be severe; if she is the sole or primary breadwinner for her children, as nearly half of working women are, her entire family will be without an income when they most need it. She further may be denied unemployment benefits because she is considered to have left her job voluntarily. She may have few, if any, additional resources on which to rely. PWFA ensures that women would not face such devastating consequences. Instead, it treats pregnancy for what it is—a normal condition of employment for millions of women that should not cost them their paycheck.” Source: Vania Leveille (American Civil Liberties Union)
• “No woman should be forced out of a job or denied employment opportunities simply because she is pregnant. As a working mom, I learned just how important it is to be protected from workplace discrimination, and to be given the ability to prioritize my health and the health of my child. My pregnancy with Jordan was high risk – I had to make difficult decisions to ensure my own health and safety, as well as the health and safety of my child. I am proud to support the Pregnant Workers Fairness Act – a bipartisan bill to protect pregnant workers and to ensure that employers provide necessary and reasonable accommodations to keep moms-to-be safe at work” Source: Rep. Lucy McBath (Democrat, Georgia, District 6)
- Congress Has a Chance to Protect Pregnant Employees with the Pregnant Workers Fairness Act (National Law Review)
- ‘Long Overdue’ Pregnant Workers Fairness Act Advances from Committee (Forbes)
- Long-Awaited Pregnant Workers Fairness Act Moves to the House (Occupational Health and Safety)
- H.R. 2694, Pregnant Workers Fairness Act (Congressional Budget Office)
