Pregnant Workers Fairness Act

Floor Speech

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Ms. BONAMICI. Mr. Speaker, I thank the chairman for yielding.

I rise in strong support of the bipartisan Pregnant Workers Fairness Act. As a mom and policymaker, I know how important it is to protect the health, well-being, and economic security of pregnant workers and their families. Unfortunately, under current Federal law, pregnant workers do not have access to reasonable workplace accommodations.

Simple accommodations, such as providing seating, water, or an extra bathroom break, would allow pregnant workers to stay safe on their job during pregnancy. But when pregnant workers do not have access to the accommodations they need, they are at risk of jeopardizing their health and the health of their baby, losing their job, being denied a promotion, or not being hired in the first place.

It is unacceptable that, in 2021, pregnant workers can still be forced to choose between a healthy pregnancy and a paycheck.

Congress passed the Pregnancy Discrimination Act more than four decades ago, but pregnant workers still suffer discrimination at an alarming rate.

Megan, a manufacturing worker in Oregon, was forced to take unpaid leave after her employer denied her modest request for light duty 3\1/ 2\ months before her due date. Oregon has since passed a State version of the Pregnant Workers Fairness Act, and it is working very well. But pregnant workers across the country need fairness, too.

We know that women of color are overrepresented in low-wage, physically demanding jobs and are, therefore, disproportionately harmed by a lack of access to reasonable accommodations. By clarifying the right of pregnant workers to reasonable accommodations on the job, we will finally give them the ability to work safely without fear of facing discrimination or retaliation.

I thank Chairman Scott and Chairman Nadler for their leadership. I urge my colleagues to support this bipartisan bill.

Mr. Speaker, I include in the Record a letter from the National Partnership for Women & Families in support of the Pregnant Workers Fairness Act. National Partnership for Women & Families, Washington, DC, May 11, 2021.

Dear Member of Congress: The National Partnership for Women & Families is a non-profit, non-partisan advocacy organization committed to improving the lives of women and families by achieving equity for all women. Since our creation as the Women's Legal Defense Fund in 1971, we have fought for every significant advance for equal opportunity in the workplace, including the Pregnancy Discrimination Act of 1978 and the Family and Medical Leave Act of 1993 (FMLA). We write in strong support of H.R. 1065, the Pregnant Workers Fairness Act. This bipartisan legislation will support pregnant workers on the job, improving women's and families' economic security and promoting healthier pregnancies.

More than 40 years ago, Congress passed the Pregnancy Discrimination Act of 1978, outlawing discrimination on the basis of pregnancy, childbirth or related medical conditions, yet pregnancy discrimination is still widespread and impacts pregnant workers across industry, race, ethnicity and jurisdiction. Nearly 31,000 pregnancy discrimination charges were filed with the U.S. Equal Employment Opportunity Commission (EEOC) and state-level fair employment practice agencies between 2010 and 2015, and the reality of pregnancy discrimination is likely much worse than illustrated by EEOC charges. As a result of this discrimination, too many women must choose between their paychecks and a healthy pregnancy-- a choice that no one should have to make.

The Pregnant Workers Fairness Act would create a clear policy standard requiring employers to provide reasonable accommodations to pregnant workers. Support for a law like this is nearly universal and bipartisan. Eighty-nine percent of voters favor this bill, including 69 percent of voters who strongly favor it. Just this Congress, thirty-five leading private sector employers endorsed the Pregnant Workers Fairness Act in an open letter to Congress.

More than 85 percent of women will become mothers at some point in their working lives. And sometimes, an accommodation is needed in order for a pregnant worker to continue performing their job. Those accommodations are often small changes to their work environment such as additional bathroom breaks, a stool to sit on or the ability to have a water bottle at their work station. Although minor, these accommodations allow pregnant workers to stay in the workforce and continue to provide for themselves and their families. When pregnant workers are fired, demoted, or forced into unpaid leave, they and their families lose critical income, and they may struggle to re-enter a job market that is particularly harsh for people who are currently or were recently pregnant.

Pregnancy discrimination affects women across race and ethnicity, but women of color and immigrants are at particular risk. They are disproportionately likely to work in jobs and industries where accommodations during pregnancy are not often provided (such as home health aides, food service workers, package handlers and cleaners). Black women are much more likely than white women to file pregnancy discrimination charges, they are also at a higher risk for pregnancy-related complications like pre-term labor, preeclampsia and hypertensive disorders making reasonable accommodations on the job even more important, and loss of wages and health insurance due to pregnancy discrimination especially challenging.

To date, thirty-one states including the District of Columbia and four cities have passed laws requiring employers to provide reasonable accommodations to pregnant workers. But the ability to maintain a healthy pregnancy and keep a job should not depend on where a pregnant person works. Women are a crucial part of the workforce and their participation matters for the growth of our economy and for the stability and wellbeing of families nationwide.

The COVID-19 pandemic has exacerbated the conditions of pregnant workers. Pregnant people are at a higher risk of falling ill from COVID-19 and experiencing complications, and thus require increased protections against the virus. Since the beginning of the pandemic, pregnant workers have experienced increased levels of workplace discrimination by being denied accommodations and leave. The Pregnant Workers Fairness Act would ensure that pregnant workers have access to the accommodations they need in order to have a safe workplace experience.

The Pregnant Workers Fairness Act would strengthen existing federal protections, ensure more equitable workplaces and allow women to remain in the workforce and maintain their economic stability while having the accommodations necessary for healthy pregnancies. It is time to clarify and strengthen existing federal protections for pregnant workers by passing the Pregnant Workers Fairness Act.

Sincerely, Debra L. Ness, President, National Partnership for Women & Families.

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Ms. BONAMICI. Mr. Speaker, I urge all of my colleagues to support this bill.

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