The Pregnant Workers Fairness Act as a proposed law that would protect pregnant employees from workplace discrimination. U.S. Representative John Katko (R–Camillus) on Feb. 18 announced the reintroduction of the bill along with U.S. Reps. Jerrold Nadler (D–NY), Lucy McBath (D–Georgia), Jaime Herrera Beutler (R–Washington), and Bobby Scott (D–Virginia). The Pregnant Workers Fairness Act would address legal […]
The Pregnant Workers Fairness Act as a proposed law that would protect pregnant employees from workplace discrimination.
U.S. Representative John Katko (R–Camillus) on Feb. 18 announced the reintroduction of the bill along with U.S. Reps. Jerrold Nadler (D–NY), Lucy McBath (D–Georgia), Jaime Herrera Beutler (R–Washington), and Bobby Scott (D–Virginia).
The Pregnant Workers Fairness Act would address legal “ambiguities” and help ensure that pregnant women are treated fairly on the job, per Katko’s office. 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 their companies from forcing them to go on leave or quit their jobs.
The bill would also prohibit employers from denying employment opportunities to women based on their need for “reasonable” accommodations related to pregnancy, childbirth, or related medical conditions.
“Simply put, no mother or mother-to-be in this country should have to choose between being a parent and keeping their job. Unfortunately, current federal law lacks adequate protections to ensure pregnant workers are able to remain healthy in the workplace,” Katko said. “This bipartisan effort puts in place a uniform, fair and familiar framework for employers and will enable women to keep working safely and provide for their families throughout pregnancy.”
The Pregnant Workers Fairness Act has “broad support” from more than 200 worker advocacy, civil rights, and business groups, including the U.S. Chamber of Commerce, Katko’s office said.
Other proposal provisions
The bill also stipulates that private-sector employers with more than 15 employees as well as public-sector employers must make “reasonable accommodations” for pregnant workers (employees and job applicants with known limitations related to pregnancy, childbirth, or related medical conditions).
Like the Americans with Disabilities Act, employers are not required to make an accommodation if it imposes an undue hardship on an employer’s business, per Katko’s office.
In addition, pregnant workers cannot be denied employment opportunities; retaliated against for requesting a reasonable accommodation, or forced to take paid or unpaid leave if another reasonable accommodation is available.
Workers denied a reasonable accommodation under the Pregnant Workers Fairness Act would have the same rights and remedies as those established under Title VII of the Civil Rights Act of 1964.
These include lost pay, compensatory damages, and reasonable attorneys’ fees. Public-sector employees have similar relief available under the Congressional Accountability Act, Title V of the United States Code, and the Government Employee Rights Act of 1991, Katko’s office said.
