Pregnant Workers Fairness Act

Floor Speech

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Ms. JACKSON LEE. Mr. Speaker, I thank the distinguished gentleman from Virginia for his kindness.

This has to pass today if we have any sense of fairness not only to women, but to our children.

The Pregnant Workers Fairness Act would establish that private-sector employers with more than 15 employees, and public-sector employers must make reasonable accommodations for pregnant employees, job applicants, and individuals with known limitations related to pregnancy, childbirth, or related medical conditions.

Pregnant workers and individuals with known limitations related to pregnancy, childbirth, or related medical conditions cannot be denied employment.

The Supreme Court decision, just recently, in 2015, that allowed pregnant workers to bring reasonable accommodation discrimination claims is not enough because pregnant workers are still being denied accommodations, because the Young decision set an unreasonably high standard for proving discrimination.

This is not discrimination. I have never seen a religious organization that wants to deny anyone any opportunity.

This is a fair assessment. I know it personally because I was denied a job because I was nursing. A job was taken away from me. When I was pregnant and was about to give birth, there was no definition of pregnancy leave for my position. At that time I was a lawyer, practicing law in a large firm, and it was, at best, two weeks and get back.

So I understand that this is essential for those workers in working conditions where they do not have the power to be protected, that they are doing heavy lifting, that they have physically demanding jobs, that they are the sole provider of their family.

This is important. Black and Latino women particularly suffer, minority women, particularly a burden.

Three in ten pregnant workers are employed in four of the occupations that make up the backbone of our communities. We must have this bill.

I ask my colleagues to support this legislation.

Mr. Speaker, I include in the Record a letter from the disabled community, mental health community, United Spinal Association, and others. May 11, 2021. Re Support for Pregnant Workers Fairness Act, H.R. 1065. Hon. Bobby Scott, Chairman, Committee on Education and Labor, House of Representatives, Washington DC. Hon. Virginia Foxx, Ranking Member, Committee on Education and Labor, House of Representatives, Washington DC.

Dear Chairman Scott and Ranking Member Foxx: As co-chairs of the Consortium for Citizens with Disabilities (CCD) Rights Task Force, we write in strong support of the Pregnant Workers Fairness Act, H.R. 1065. CCD is the largest coalition of national organizations working together to advocate for federal public policy that ensures the self-determination, independence, empowerment, integration and inclusion of children and adults with disabilities in all aspects of society.

The Americans with Disabilities Act (ADA)'s mandate that covered employers make reasonable accommodations to ensure equal opportunity for applicants and employees with disabilities has been tremendously important in helping people with disabilities secure and maintain employment. While the ADA does not cover pregnancy itself as a disability, in light of the ADA Amendments Act, which lowered the standard for demonstrating a disability from what the courts had previously applied, many pregnant workers who experience pregnancy-related complications should be covered as people with disabilities and entitled to reasonable accommodations under the ADA. Yet many courts have continued to interpret the ADA's coverage narrowly, and in practice, large numbers of pregnant workers are not offered reasonable accommodations. Furthermore, a clear pregnancy accommodation standard will help prevent pregnancy-related complications before they arise. Such accommodations should be provided to pregnant workers so that they can remain in the workforce and not lose their employment simply because they experience pregnancy-related limitations.

The accommodation requirement of H.R. 1065 is limited, as is the ADA's accommodation requirement, to those accommodations that are reasonable and would not impose an undue hardship. That standard takes into account the needs of employers while also ensuring that pregnant workers can stay on the job with reasonable accommodations. This protection is critical not only for pregnant workers but for our national economy.

The Pregnant Workers Fairness Act is particularly important to people with disabilities. Many people with disabilities who did not require accommodations before becoming pregnant experience new complications due to how pregnancy impacts their disabilities, and need accommodations once they become pregnant. These workers are sometimes told that they are not entitled to accommodations because the employer views the need for accommodation as related to pregnancy rather than to the worker's underlying disability.

We thank the Committee for moving the bill forward and urge all members of the House of Representatives to vote for the Pregnant Workers Fairness Act and oppose any motion to recommit. Sincerely, Jennifer Mathis,

Bazelon Center for Mental Health Law. Stephen Lieberman,

United Spinal Association. Allison Nichol,

Epilepsy Foundation. Kelly Buckland,

National Council on Independent Living. Samantha Crane,

Autistic Self Advocacy Network. Molly Burgdorf,

The Arc of the United States.

Co-chairs, CCD Rights Task Force.

Ms. JACKSON LEE. Mr. Speaker, I include in the Record a letter representing organizations from Black Mamas Matter Alliance, to March of Dimes, to 1,000 Days to Academy of Nutrition and Dietetics. May 11, 2021. Re Support the Pregnant Workers Fairness Act.

Dear Representative: The undersigned organizations dedicated to assuring quality maternal, infant, and child health and well-being, improving pregnancy and birth outcomes, and closing racial disparities in maternal health enthusiastically support the Pregnant Workers Fairness Act (H.R. 1065). Modeled after the Americans with Disabilities Act, the bill would require employers to provide reasonable, temporary workplace accommodations to pregnant workers as long as the accommodation does not impose an undue hardship on the employer. This bill is critically important because no one should have to choose between having a healthy pregnancy and a paycheck.

Congress must do all it can to end the prejudice pregnant workers, especially Black pregnant workers and workers of color, continue to face in the workplace. This includes making sure when pregnant workers voice a need for reasonable accommodations that those needs are met rather than penalized and that the workplace is an environment where pregnant workers do not fear asking for the accommodations they need to maintain their health.

Three-quarters of women will be pregnant and employed at some point in their lives.) (Most pregnant workers can expect a routine pregnancy and healthy birth. However, health care professionals have consistently recommended that some pregnant individuals make adjustments in their work activities to sustain a healthy pregnancy and prevent adverse pregnancy outcomes, including preterm birth or miscarriage. These medically necessary workplace accommodations can include allowing additional bathroom breaks, opportunities to stay hydrated, lifting restrictions, or access to a chair or stool to decrease time spent standing.

Unfortunately, too many pregnant workers, particularly pregnant people of color, face barriers to incorporating even these small changes to their workdays. For example, Black women experience maternal mortality rates three to four times higher than white women, with Indigenous women similarly experiencing disproportionately high rates. The circumstances surrounding these alarming statistics can often be attributed to a lack of access to care, including due to inflexible workplaces, and deep biases in racial understanding. Various social determinants such as health, education, and economic status drastically influence the outcomes of pregnancy for Black women leading to severe pregnancy-related complications. As the Black Mamas Matter Alliance has pointed out ``Health is determined in part by our access to social and economic opportunities, the resources and supports that are available in the places where we live, and the safety of our workplaces . . . however, disparities in these conditions of daily life give some people better opportunities to be healthy than others.'' Black pregnant workers along with Latinx and immigrant women are disproportionately likely to work in physically demanding jobs that may lead to workers needing modest accommodations to ensure a healthy pregnancy. Too often, however, those requests are refused or ignored, forcing pregnant workers of color to disproportionately contend with unsafe working conditions.

Furthermore, Black mothers have among the highest labor force participation rates in the country and 80 percent of Black mothers are their family's primary breadwinner. Yet, historically, Black women have been exploited in the workplace, and that exploitation continues to this day. Though Black women only comprise 14.3 percent of the population, nearly thirty percent of pregnancy discrimination complaints are filed by Black women. This is because of the multiple forms of discrimination Black workers and other workers of color too often face in the workplace. As scholar Nina Banks has noted, ``The legacy of black women's employment in industries that lack worker protections has continued today since black women are concentrated in low- paying, inflexible service occupations . . .'' Black women in low wage jobs working during pregnancy face little support from employers when safeguards do not address pregnancy related accommodations. Faced with the threat of termination, loss of health insurance, or other benefits, Black pregnant people are often forced to keep working which can compromise their health and the health of their pregnancy.

Workplace accommodations help safeguard a healthy pregnancy or prevent harm to a higher-risk pregnancy. Across the country, pregnant workers continue to be denied simple, no- cost or lowcost, temporary adjustments in their work settings or activities and instead risk being fired or forced to take unpaid leave to preserve the health of their pregnancy.

This impossible choice forces many pregnant workers to continue working without accommodations, putting women and their pregnancies at risk of long-lasting and severe health consequences. When pregnant workers must continue working without accommodations, they risk miscarriage, excessive bleeding, and other devastating health consequences. Black women have the highest incidence of preterm birth and yet we know that workplace accommodations such as reducing heavy lifting, bending, or excessive standing can help prevent preterm birth, the leading cause of infant mortality in this country.

Black women also experience higher rates of preeclampsia, which is one of the leading causes of maternal mortality. We are still learning about how to prevent this dangerous medical condition, yet we know that simply allowing workers to take bathroom breaks can prevent urinary tract infections which are ``strongly associated with preeclampsia. Similarly, ensuring pregnant workers can drink a sufficient amount of water can also help pregnant workers maintain their blood pressure which is critically important since hypertensive disorders (high blood pressure) are also a leading cause of maternal morbidity and mortality. By putting a national pregnancy accommodation standard in place, the Pregnant Workers Fairness Act has the potential to improve some of the most serious health consequences Black pregnant people experience. Furthermore, the Pregnant Workers Fairness Act will help remove one of the many barriers Black pregnant people face at work by ensuring they are afforded immediate relief under the law, and not thrown into financial dire straits for needing pregnancy accommodations.

The Pregnant Workers Fairness Act is a measured approach to a serious problem. As organizations dedicated to maternal health and closing racial disparities in pregnancy and birth outcomes, we understand the importance of reasonable workplace accommodations to ensure that pregnant persons can continue to provide for their families and have safe and healthy pregnancies. We collectively urge swift passage of the Pregnant Workers Fairness Act.

Sincerely,

Black Mamas Matter Alliance; March of Dimes; National WIC Association; 1,000 Days; Academy of Nutrition and Dietetics; American Academy of Pediatrics; American College of Obstetricians and Gynecologists; Agricultural Justice Project; Ancient Song Doula Services; Association of Maternal & Child Health Programs; Baobab Birth Collective; Black Women's Health Imperative; Breastfeeding in Combat Boots.

California WIC Association; Centering Equity, Race & Cultural Literacy in Family Planning (CERCL-FP); Earth Action, Inc.; Farmworker and Landscaper Advocacy Project; Farmworker Association of Florida; Feminist Women's Health Center; First Focus Campaign for Children; Healthy Mothers, Healthy Babies Coalition of Georgia; Healthy Women; Human Rights Watch; Mom2Mom Global; NARAL Pro-Choice America.

National Association of Nurse Practitioners in Women's Health; National Birth Equity Collaborative; National Partnership for Women & Families; National Women's Health Network; Nebraska WIC Association; Nurse-Family Partnership; Physicians for Reproductive Health; Planned Parenthood Federation of America; Public Citizen, SisterReach; SisterSong National Women of Color Reproductive Justice Collective; U.S. Breastfeeding Committee; Workplace Fairness; Wisconsin WIC Association; ZERO TO THREE.

Ms. JACKSON LEE. Mr. Speaker, I include in the Record a letter from the YWCA dealing with 200 local organizations in 45 States. YWCA USA, Washington, DC, May 11, 2021.

Dear Representative: On behalf of YWCA USA, a network of over 200 local associations in 45 states and the District of Columbia, I write today to urge you to pass the Pregnant Workers Fairness Act (H.R. 1065). As the economy continues to struggle under the weight of the COVID-19 pandemic disproportionately affecting women and marginalized communities, there is no better time to take action to improve the economic security of women and families and strengthen our economy. I urge you to pass H.R. 1065 without delay.

For over 160 years, YWCA has been on a mission to eliminate racism, empower women, and promote peace, justice, freedom, and dignity for all. From our earliest days providing skills and housing support to women entering the workforce in the 1850s, YWCA has been at the forefront of the most pressing social movements--from voting rights to civil rights, from affordable housing to pay equity, from violence prevention to health care reform. Today, we serve over 2 million women, girls and family members of all ages and backgrounds in more than 1,200 communities each year.

Informed by our extensive history, the expertise of our nationwide network, and our collective commitment to advocating for the equity of women and families, we believe that no one should have to choose between their livelihoods and their health, family, or safety. Yet far too many women and families, including a disproportionate number of women and families of color, must make this choice every day. This has become more clear as the effects of the COVID-19 pandemic become more transparent. The impact of the COVID-19 pandemic has fallen heavily on women and women of color. Women are especially likely to be essential workers, but they are also bearing the brunt of job losses, while shouldering increased caregiving responsibilities that have pushed millions out of the workforce entirely, resulting in an economic ``Shesession''. Black women, Latinas, and other women of color are especially likely to be on the front lines of the crisis, risking their lives in jobs in health care, child care, and grocery stores, all while being paid less than their male counterparts. Pregnant employees are no exception to this situation and often forced out of work or forced to risk their health due to unclear laws around pregnancy accommodations, particularly during the pandemic.

The bipartisan Pregnant Workers Fairness Act (H.R. 1065) takes critical steps to promote healthy pregnancies and support the economic security of pregnancy workers. Today, women are a primary source of financial support for many families and bear significant caretaking responsibilities at home. At least half of all households in the U.S. with children under the age of 18 have either a single mother who heads a household or a married mother who provides at least 40 percent of a family's earnings. Additionally, more than four in five Black mothers (81.1%), 67.1% of Native American mothers, and 52.5% of Latina mothers are breadwinners. As demographics shifts and a higher number of women take their place in the workforce, a higher number of pregnant workers than ever before are working later into their pregnancies, often in physically demanding jobs without worker accommodations. As a result, too many pregnant workers are pushed out into unpaid leave or out of work altogether, threatening their families' economic security just when they need the income the most. The Pregnant Workers Fairness Act would require employers to provide reasonable accommodations to pregnant workers who need them, such as avoiding heavy lifting, taking more frequent bathroom breaks, sitting on a stool instead of standing during a shift, or carrying a water bottle. States, localities, and businesses that have begun to adopt policies similar to those identified in the Pregnant Workers Fairness Act have reported reduced lawsuits and greater employee morale. Providing reasonable accommodations for pregnant women will benefit both the employer and employees.

No one should have to choose between their paycheck and a healthy pregnancy--an issue only to be exacerbated by the pandemic--and it's time Congress took action to protect pregnant workers. If passed, this bill would take critical steps towards strengthening women's economic security, particularly at a time when the country continues to recover from the COVID-19 pandemic. At this pivotal moment, Congress must take aggressive action to address the economic disparities disproportionately affecting women and women of color. We urge you to pass the Pregnant Workers Fairness Act (H.R 1065) today.

Thank you for your time and consideration. Please contact Pam Yuen, YWCA USA Director of Government Relations, if you have any questions. Sincerely, Elisha Rhodes, Interim CEO & Chief Operating Officer.

Ms. JACKSON LEE. Mr. Speaker, women are in the workplace. They are the backbone of this economy. We need to pass this legislation and pass it now.

I thank Mr. Scott and Mr. Nadler for their leadership.

Mr. Speaker, as a senior member of the Judiciary, Homeland Security, and Budget Committees, the Democratic Working Women Task Force, the Founder and Co-Chair of the Congressional Children's Caucus, and as cosponsor, I rise in strong support of H.R. 1065, the Pregnant Workers Fairness Act (PWFA), which would ensure that pregnant workers can continue to do their jobs and support their families by requiring employers to make workplace adjustments for those workers who need them due to pregnancy, childbirth, and related medical conditions, like breastfeeding.

The Pregnant Workers Fairness Act would establish that private sector employers with more than 15 employees and public sector employers must make reasonable accommodations for pregnant employees, job applicants, and individuals with known limitations related to pregnancy, childbirth, or related medical conditions.

Similar to the Americans with Disabilities Act, employers are not required to make an accommodation if it imposes an undue hardship on an employer's business.

Pregnant workers and individuals with known limitations related to pregnancy, childbirth, or related medical conditions 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 will have the same rights and remedies as those established under Title VII of the Civil Rights Act of 1964, including recovery of lost pay, compensatory damages, and reasonable attorneys' fees.

While the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA) provide some protections for pregnant workers, there is currently no federal law that explicitly and affirmatively guarantees all pregnant workers the right to a reasonable accommodation so they can continue working without jeopardizing their pregnancy.

The Supreme Court's landmark decision in Young v. United Parcel Service, 575 U.S. --, No. 12-1226, 135 S.Ct. 1338; 191 L. Ed. 2d 279 (2015) allowed pregnant workers to bring reasonable accommodation discrimination claims under the PDA.

But pregnant workers are still being denied accommodations because the Young decision set an unreasonably high standard for proving discrimination, requiring workers to prove that their employers accommodated non-pregnant workers with similar limitations.

The fact is, Mr. Speaker, there are no similar conditions to pregnancy.

As a result, in two-thirds of cases after Young, courts ruled against pregnant workers who were seeking accommodations under the PDA.

Providing accommodations ensures that women can work safely while pregnant instead of getting pushed out of work at a time when they may need their income the most.

The Pregnant Workers Fairness Act is especially important considering that many pregnant workers hold physically demanding or hazardous jobs, and thus may be especially likely to need reasonable accommodations at some point during their pregnancy.

Mr. Speaker, research shows that pregnant workers are likely to hold jobs that involve standing and making continuous movements, which can raise specific challenges during pregnancy.

Such physically demanding work--including jobs that require prolonged standing, long work hours, irregular work schedules, heavy lifting, or high physical activity--carries an increased risk of pre-term delivery and low birth weight.

Twenty-one (20.9) percent of pregnant workers are employed in low- wage jobs, which are particularly likely to be physically demanding.

Pregnant black and Latina women are disproportionately represented in low-wage jobs, which means as a result, these workers are especially likely to stand, walk or run continuously during work, and therefore may be more likely to need an accommodation at some point during pregnancy to continue to work safely.

Three in ten pregnant workers are employed in four of the occupations that make up the backbone of our communities: elementary school teachers, nurses, and home health aides.

Employers can accommodate pregnant workers because pregnant women make up a small share of the workforce, even in the occupations where they are most likely to work, which means that only a very small share of an employer's workforce is likely to require pregnancy accommodations in any given year since less than two percent of all workers in the United States are pregnant each year.

Not all pregnant workers require any form of accommodation at work, so only a fraction of that small fraction will need accommodations.

For example, pregnant women are most likely to work as elementary and middle school teachers but only three percent (3.2 percent) of all elementary and middle school teachers are pregnant women.

But workers employed in four of the ten most common occupations for pregnant workers--retail salesperson; waiter or waitress; nursing, psychiatric and home health aide; and cashier--who report continuously standing on the job would particularly benefit from this legislation.

Mr. Speaker, prolonged standing at work has been shown to more than triple the odds of pregnant women taking leave during pregnancy or becoming unemployed.

Another four of the ten most common occupations for pregnant workers--waiter or waitress; nursing, psychiatric and home health aide; cashier; and secretaries and administrative assistants--involve making repetitive motions continuously on the job which have been shown to increase the likelihood of pregnant women taking sick leave.

Pregnant workers in low-wage jobs are particularly in need of this legislation granting them the clear legal right to receive accommodations because, in addition to the physically demanding nature of their jobs, they often face inflexible workplace cultures that make it difficult to informally address pregnancy-related needs.

For instance, workplace flexibility--such as the ability to alter start and end times or take time off for a doctor's appointment--is extremely limited for workers in low-wage jobs.

Over 40 percent of full-time workers in low-wage jobs report that their employers do not permit them to decide when to take breaks; between two-thirds and three-quarters of full-time workers in low-wage jobs report that they are unable to choose their start and quit times; and roughly half report having very little or no control over the scheduling of hours more generally.

The second most common occupation for pregnant Latinas--maids and housekeeping cleaners--is especially physically demanding because, according to the data, 80 percent of maids and housekeeping cleaners stood continuously, 38 percent were exposed to disease daily, and 70 percent walked or ran continuously on the job.

Occupations that have seen the most growth among pregnant women in the past decade expose many workers to disease or infection daily; depending on the disease, this can pose particular challenges to some pregnant workers at some points during pregnancy.

When pregnant workers are exposed to some diseases, they face particular risks; pregnant women with rubella are at risk for miscarriage or stillbirth and their developing fetuses are at risk for severe birth defects.

Mr. Speaker, no one should have to choose between a paycheck and a healthy pregnancy, which is why they should have clear rights to reasonable accommodations on the job to ensure they are not forced off the job at the moment they can least afford it.

I urge all Members to join me in voting for H.R. 1065, the Pregnant Workers Fairness Act.

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