Fighting for Women's Equality

This Mother’s Day, Advocate for the Pregnant Workers Fairness Act

May 10, 2013 | by

The internet is full of ways to say “Happy Mother’s Day” to the important women in your life this weekend. Check out Strong Families fun customizable e-cards for an example.

But it’s hard to celebrate the holiday fully knowing what we do about discrimination against pregnant women and caretakers in the workplace. This year’s Mother’s Day marks one year since ERA released its groundbreaking report on pregnancy discrimination: Expecting a Baby, Not a Layoff.

Three-quarters of working women will be pregnant at some point during their careers. ERA regularly hears from women who are discriminated against because of their pregnancy.

It came as a surprise to Hannah, a day laborer at a large manufacturing plant in Ohio, when her employer denied her a temporary ‘light duty’ assignment after she became pregnant. Hannah had noticed that many male workers had been given such assignments in the past, but her manager told her that she only provided light duty assignments for those employees injured on the job, and that if she brought a doctor’s note requesting accommodation she would be forced to go on medical leave.  She was also told that she was not eligible for job-protected leave under the Family and Medical Leave Act.

This was wrong. Her employer could have found a temporary light duty assignment for Hannah, as it did for many employees who were injured on the job or to those who had “disabilities” under the Americans with Disabilities Act. But Hannah was left with the decision of continuing to work in an un-accommodated position, thus jeopardizing the health of her pregnancy, or losing her job and the financial stability and health care benefits that came with it.   Hannah lost her job during her second trimester.  Single and without financial support, she had to depend on the government to keep food on the table.

Stories like Hannah’s are all too common among many pregnant women across the country.  Take Angie, a train conductor in Mississippi who was forced on unpaid leave due to a minor lifting restriction that could have easily been accommodated by her employer, who readily provided such accommodation to (mostly male) employees injured on the job. Or Peggy, a pregnant postal worker in Maryland who was similarly denied the temporary light duty potion that the employer readily provided to those injured on the job.

Although the text of the Pregnancy Discrimination Act declares that employers must treat pregnant employees at least as well as they treat other employees “similar in their ability or inability to work,” courts have found employers may do otherwise.  Although the Americans with Disabilities Act requires employers to provide reasonable accommodation to qualified employees with a disability, courts have found that such protections only extend to pregnant women with certain conditions.

America needs the Pregnant Workers Fairness Act to ensure that our pregnant workers are not denied the simple and temporary workplace accommodations that would keep our women and families healthy and financially independent, and that would keep our new generations secure.  That is why Senators Bob Casey and Jeanne Shaheen and Representative Jerry Nadler will reintroduce the bill on May 14, 2013, with support from a wide array of health organizations, women’s organizations, and disability rights organizations.

Would you like to share your story about a workplace pregnancy accommodation, or denial of a request for such an accommodation?  Contact Mia Munro at mmunro@equalrights.org or post a comment on this page.  And check out our PWFA action page for more information on you can help pass this important bill into law.

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