A new law aims to end pregnancy discrimination in the workplace

A new federal law took effect on Tuesday requiring employers to provide “reasonable accommodations” for pregnant and postpartum workers, expanding protections for millions of people.

The law, the Pregnant Workers’ Justice Act, has been in the making for more than a decade. It was first introduced in Congress in 2012 and has since been reintroduced in nearly every legislative session. The operation was successful with bipartisan support in December 2022, thanks in large part to growing awareness of the country’s deteriorating maternal health outcomes and lack of support for working mothers, said Dina Bakst, the co-chair of A better balancea national advocacy organization that helped Congress draft the new law.

The PWFA builds on the Pregnancy Discrimination Act, which came into effect more than 40 years ago but was so riddled with loopholes that pregnancy discrimination has remained rampant, Ms Bakst said. The core of such discrimination is often a lack of accommodation. According to a 2022 poll according to the Bipartisan Policy Center, 23 percent of mothers considered quitting their jobs because of a lack of reasonable accommodations or fear of discrimination. Every year, thousands of pregnant employees submit complaints to the health authorities Equal Employment Opportunity Commission claim discrimination. According to the agency, at least one-third of the more than 2,000 pregnancy discrimination complaints it received last year were based on a lack of reasonable accommodations.

This new law strengthens protections for pregnant workers – the majority of whom work until their last month of pregnancy – so they no longer have to choose between “maintaining a healthy pregnancy or a safe recovery from childbirth and a paycheck,” said Ms. Brick. . It is “a win for women, families and the economy.”

The PWFA, explained

The law applies to employers with 15 or more employees, including hourly wage earners. In addition to covering pregnant workers, it also protects people with “related medical conditions,” including women undergoing fertility treatment, as well as those with postpartum depression and those who have had an abortion or pregnancy loss.

Accommodations may include providing chairs or stools for those who must stand all day. They may also involve more toilet breaks; temporary transfers to roles with lighter duties or with less exposure to harmful toxins; flexible schedules to accommodate morning sickness and even time off for prenatal checkups and postpartum care, said Liz Morris, deputy director of the Center for WorkLife Law, an advocacy and research organization at the University of California Hastings College of the Law. The new law has left the term “reasonable accommodations” undefined so that it is broad enough to be applied to a variety of cases based on an employee’s needs, as long as the company does not impose “unjustified hardship.”

These adjustments can go “a long way” in improving the overall health of mother and baby, said Dr. Dawnette Lewis, director of Northwell Health’s Center for Maternal Health. For example, a pregnant worker with gestational diabetes may need extra breaks to check her blood sugar or take insulin injections, but this accommodation can help her stay healthy during pregnancy and still do her job, she said.

Harsh environments include night shifts; frequent exposure to toxins; and physical demands, such as being on your feet for more than three hours at a time. According to the American College of Obstetricians and Gynecologists.

How do you talk to your boss

Asking for shelter can be daunting “because pregnant patients don’t want to be seen as unable to do their job or asking for favors,” said Dr. Lewis. But, she said, “if we can help pregnant people be healthy during pregnancy and also give birth to healthy babies, we are doing a great service, not just to the patient but to us as a society.”

Make it clear to your boss that the adjustment needed is related to pregnancy or childbirth and that it is temporary, Ms. Morris said. And while it is now the employer’s job to figure out how to meet the pregnant employee’s needs, “It’s always a good idea to show your boss how your housing could be feasible, by putting things saying like “I have my colleague for help,” she added. “You always want to reaffirm your commitment to your work.”

If a particular housing request creates an “unnecessary hardship” for the company, the employer and employee should negotiate to find a creative solution, Ms. Morris said. If all else fails, the employee can file a complaint with the EEOC, she said.