Despite legislation banning such bias at the federal level in 1978, many companies continue to regularly deny pregnant employees temporary job adjustments that allow them to continue working while maintaining a healthy pregnancy.
Requests from pregnant employees for “accommodation,” such as extended leave, scheduled shifts and reassignment of potentially dangerous jobs, are routinely denied, which can have devastating consequences for their health and finances. No one should have to choose between a safe pregnancy and a steady income.
The Pregnant Workers’ Equity Act (PWFA) would make it illegal for companies to discriminate against pregnant workers and would require them to “reasonable accommodations” for their employees. There has never been more progress in passing the PWFA. The measure has already been approved by the House of Representatives and is now awaiting a vote by the full Senate.
Many pregnant women ACLU have been forced to choose between obeying their doctors’ recommendations and keeping their jobs. Their experiences highlight three critical factors that make the PWFA not only necessary, but long overdue.
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1: The PWFA is essential for employee health
In most cases, it is safe to continue working during pregnancy. However, unfortunately, many professions are really dangerous for the health of pregnant women. There are real risks to the lives of police officers and firefighters. Retail employees, such as cashiers, often stand still for long periods of time. Workers in the cleaning industry are often put at risk.
Even a “typical” pregnancy can cause problems, from morning sickness to the need for frequent antenatal care appointments that can keep a person at their desk for extended periods of time. It is for these reasons that pregnant professionals may have to temporarily change their duties or, in the case of more serious problems, take a leave of absence. If an employer refuses to make reasonable accommodations for a pregnant employee, the employee will have to choose between not going to work or working without the necessary protection.
As the #PregnantWorkersFairnessAct is not adopted, millions of women and other pregnant workers will continue to be forced to make a choice between their jobs and their health. @SenSchumer we are counting on you to ensure that this critical legislation gets a voice! #PWFA @EqualRightsAdv https://t.co/4FiNYNATqj
—Jessica Ramey Stender (@jstender415) December 20, 2022
2: The PWFA protects families from serious financial hardship
Employees who experience pregnancy discrimination at work and are forced to take unpaid leave or are fired for needing reasonable accommodations to do their jobs are typically left in serious financial trouble as a result. The timing couldn’t be worse for pregnant employees and their families, and the loss of income comes at a cost that other employees who choose to have a baby don’t face.
“At that point I was about six months away from my due date. How was I supposed to live without a paycheck for six months? How could I buy what I needed to prepare for my baby’s arrival? How would I support my son after he was born? When I got the leave papers from the company, the news got even worse: the Rural/Metro policy also did not allow employees on leave to work for another company… The reality was that not only would I temporarily lose my salary ; I also threatened to lose my job forever.” —Michelle Durham
When Alabama EMT Michelle Durham got pregnant, her doctor advised her to avoid heavy lifting, but her employer gave her no choice but to take an unpaid vacation (with a 90-day limit). She was essentially terminated with many months left until her due date. Michelle lost her job, had to move in with her grandmother, and built up significant credit card debt as a result. She had given birth to a son years before, but she was still struggling to make ends meet.
You can check out our previous article-
We are disappointed to see that the Pregnant Workers’ Equity Act was not included in the Senate’s year-end package. This law would help so many survivors gain and maintain financial security during pregnancy. NCCADV’s advocacy for this law will continue in 2023. #PWFA https://t.co/IMHmH4eAE9
— NCCADV (@NCCoalitionADV) December 20, 2022
3: The PWFA will help ensure equal opportunity for pregnant workers
Pregnancy has become common practice in the United States since Congress made it illegal under federal law in 1978. With women making up half of the workforce, it’s no surprise that nearly eighty-five percent of all working women will. become pregnant at some point. According to the census, the vast majority of working mothers plan to continue working until the very last month of pregnancy. Pregnancy is a natural part of life and it is only fair that employers recognize it as such.
You can check out our previous article-
“Although my male colleagues were allowed to come and go with almost impunity, I continued to collect points through my pregnancy. If I was late due to severe morning sickness throwing up, I got a fraction of a point. One time I started bleeding and had to be hospitalized overnight. I also collected a point for that.” — Katia Hills
Former AT&T Mobility employee Katia Hills of Indiana was fired after she received a warning for poor attendance. Katia’s terrible morning sickness, prenatal checkups, and ER visits were not considered “excusable” by AT&T, while the absences of her co-workers who had to miss work for reasons such as jury service or the death of a family member were. Therefore, Katia not only lost her job, but also her chance to work her way up the corporate ladder and become a manager.
.@SenSchumer must bring up #PregnantWorkersFairnessAct. No excuses. They can calculate time.
Women are worth it. What better way to end this session than giving plenty of floor time to discuss what #Ladies & the economy must thrive? #PWFA #Childcare #Paid leave https://t.co/QTJsnw6RkU
— Vicki Shabo (@VShabo) December 20, 2022
Last lines
Companies sometimes deny pregnant workers temporary adjustments to their positions that would allow them to continue working while maintaining a safe pregnancy, despite laws prohibiting such bias at the federal level in 1978.
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