Current employment laws are inadequate to protect pregnant workers on the job. Under federal law and the laws of most states, employers are not required to make minor job modifications for pregnant women unless they have a pregnancy related disability. As a result, pregnant women are often forced to take unpaid leave or are fired for requesting a small accommodation. For example, a retail worker can be fired because she is 8 months pregnant and needs more frequent restroom breaks. A pregnant hostess can be fired because she needs a stool. This lack of protection causes significant economic harm to thousands of pregnant women and their families every year, especially low-income and single mothers.
Representative Jerrold Nadler (D-NY) and over fifty other co-sponsors introduced the Pregnant Workers Fairness Act (PWFA; H.R. 5647) in Congress on May 8, 2012. The PWFA ensures pregnant workers will not be fired unecessarily or denied reasonable job modifications that will keep them working while maintaining a healthy pregnancy. To learn more check out our fact sheet, press release, and letter of support from over 100 supporting organizations. Also, be sure to read this report by Equal Rights Advocates in California, detailing the success of their similar legislation and calling for a federal fix.
Call 202-224-3121 and ask to speak with your Representative (find yours here)--tell them to co-sponsor the Pregnant Workers Fairness Act!
The bill requiring reasonable accommodations for pregnant workers (S6273/A9114) would close significant loopholes in state and federal law. Specifically, this legislation would require employers to provide reasonable accommodations for pregnant women who make requests with the advice of their health care providers, unless doing so would create an undue hardship on the employer. California has enacted similar legislation, where it has been used countless times to help pregnant women keep their jobs. Often the accommodation needed is modest and the cost is de minimis.
For more information see our fact sheet and Dina Bakst's Op-Ed in the New York Times. Also, read this letter to New York Senate Majority Leader Skelos from organizations supporting the bill, this letter from the Women's Fund of Long Island, and this report by the New York City Bar Committee on Sex and Law--the City Bar's Labor and Employment Committee supported the report.
Click here to send a letter to NY State legislators showing your support for this important bill.