
Pregnant Workers Fairness Act Goes Into Effect
Do you think the protections go far enough?
What's the story?
- The Pregnant Workers Fairness Act was signed into law by President Biden on Dec. 29, 2022. The act went into effect on June 27, 2023, after a decade of efforts by a bipartisan coalition of lawmakers.
Bill overview
- The act expands protections for working mothers and requires employers with over 15 employees to make fair and reasonable accommodations for workers who require them due to pregnancy and childbirth. The accommodation must not cause the employer "undue hardship."
- The act will not replace federal, state, or local laws in place that are currently more protective of workers.
Bill details
Protects women at "covered employers"
- This includes private and public sector employers with 15 employees.
- All employees working in Congress, federal agencies, employment agencies, and labor organizations will be protected.
Requires companies to make accommodations
- The act requires that companies make accommodations for women experiencing reproductive-medical conditions like postpartum depression and fertility treatments.
- The language concerning "reasonable accommodations" is intentionally vague to allow room for employers and employees to liaise and negotiate terms appropriate for a given workplace or job role.
- These accommodations could include providing seating, receiving closer parking spaces, being excused from strenuous activities, extended bathroom breaks, room to pump breast milk, or access to a flexible, work-from-home schedule.
Fills the gaps between two previous legal protections
- The act fills in the gaps between two previous legal protections for pregnant people — the Pregnancy Discrimination Act and the Americans with Disabilities Act.
- The Pregnancy Discrimination Act of 1978 ruled that employers could not discriminate against pregnant workers, but the legislation was open to broad interpretation, and the burden of proof was on the pregnant worker to demonstrate clear incidents of discrimination.
- The second protection, the Americans with Disabilities Act, requires employers to make accommodations, but pregnancy is not classed as a disability. Therefore, pregnant people were not protected by this legislation.
Supports women in the workforce
- A large number of women left the workforce during the pandemic to assume caregiving duties. This legislation will help women maintain a career during pregnancy and parenting.
- The legislation could help address the ongoing labor shortage and could encourage companies to promote parent-friendly policies to retain talent.
Takes a step toward equity
- The act will not solve the pay gap that mothers face in the workplace, nor will it address the systemic lack of federally-mandated paid leave, but it is a step in the right direction.
What supporters are saying
- Reshma Saujani, founder and CEO of Moms First, said:
"The PWFA going into effect this week is historic; it's a huge bipartisan legislative win that will not only protect pregnant workers with reasonable common sense accommodations at work, but also sends a powerful message that motherhood and work aren't incompatible."
- Emily Martin, from the National Women's Law Center, praised the act:
"One of the things I find exciting about the Pregnant Workers Fairness Act is that it demonstrates that—even in an incredibly partisan time—there are places where bipartisan agreement around policies that make people's lives better are still possible."
"We know from those studies that those stereotypes kick in during pregnancy, before you even have a child. All of this is part of why pregnancy discrimination continues to be a real obstacle and barrier in the workplace."
Do you think the protections go far enough?
—Emma Kansiz
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I don't see how this law helps at all. It mandates " reasonable accommodations", and who decides what's reasonable? The employer?
The authors state that the law "is intentionally vague to allow room for employers and employees to liaise and negotiate terms appropriate for a given workplace or job role." Negotiate? Really. Pregnant women, those undergoing fertility treatment, or experiencing post-parttum complications are in no position to negotiate....that's why a legislation was needed.
Fix this.
Need a maybe on this one as it is a step in the right direction but doesn't go far enough as it seems to focus on employees already fired and seeking legal compensation for damages to health rather than being proactive and preventing harm.
Should someone really need to be fired then go to court to interpret this legislation which will vary widely from judge to judge depending on their political biases?
"The Democrat-controlled House has passed the bill multiple times since it was first introduced in 2012, but it never came up for a vote in the Senate."
"Three Republican senators scuttled a vote on the proposal earlier this month. Some Republicans have said the bill should exempt religious employers to ensure they do not have to accommodate employees who have abortions. The bill applies not only to pregnancy but to childbirth and "related medical conditions.""
"The PWFA is backed by the U.S. Chamber of Commerceand other major business groups, which have said it would benefit pregnant workers while establishing a clear legal standard for employers to follow."
"Worker advocates have said that by not mandating accommodations for all pregnant workers, current law does not go far enough, and that women who sue their employers for pregnancy discrimination can face insurmountable hurdles in proving liability."
https://www.reuters.com/legal/government/us-senate-passes-increased-protections-pregnant-workers-2022-12-22/
https://nwlc.org/resource/pregnant-workers-fairness-act-making-room-pregnancy-job/
It may not go far enough, but it's a good effort to provide some protections to pregnant workers. Since the GD Republicans want every woman to be pregnant and carry that pregnancy to term, then they should be super happy with this bill. However, my guess is they're not as it requires employers to treat their employees with some dignity.
If it doesn't mandate equitable and sufficient paid leave for mothers, it doesn't go far enough.
This is a start, but employers still have too much power over their female employees under this law.
More "smoke and mirrors" created by SCOTUS to give power to the states who are ruled by political parties. We need to end this nonsense ASAP. Too may "loop-holes" for the employer to abuse.
Protect everyone except producyive workers. Should be an amendment to the Workers With INabilities which has helped USPS and DMV offices be so suceesful.
15 workers is a over for too many employers to mistreat their workers. The number of workers needs to be a smaller number.
Women rights supersedes fetus rights! There are AG going after private record of women and transgender that had to go to out of state. Your freedom and privacy of self determination is in jeopardy of government interference and control!
Needs more specific's.
There are still benefits that pregnant women get in the rest of the developed world that this legislation does not grant.
fairness for workers
An "ad" for the times! From the Democratic lobby group Progress Action Fund ...
Get the Republican't party out of YOUR bedroom!
https://www.thewrap.com/progress-action-fund-sex-scene-political-ad/
That means YOU cornyn, crenshaw and cruz!
CAUSES TELLS ME, THEN ASKS: " the Pregnant Workers Fairness Act was signed into law by President Biden in Dec. 2022. The act went into effect on June 27, after a decade of efforts by a bipartisan coalition of lawmakers. The act requires employers to make fair and reasonable accommodations for pregnant workers. Do you think the protections go far enough?" ME: Don't think so. It does NOT cover companies with fewer 15 employees -- and:
● Firms with fewer than 20 employees made up 89.0%.[of all businesses]
● Firms with fewer than 10 employees accounted for 78.5%.[of all businesses]
https://sbecouncil.org/about-us/facts-and-data/
No, I do not think this goes far enough. Furthermore, as it stands, we have not gone far enough to protect women's right's at all-including autonomy over their own bodies.
It's a good start, but can definitely be improved on.
Let the free market be free.
Need more protection.