Do Pregnant Workers and Job Seekers Need Additional Accommodations? (S. 1512)

What is S. 1512?

(Updated April 16, 2019)

This bill would make it illegal for employers, labor unions, and employment agencies to deny work opportunities to pregnant jobseekers, or fail to make reasonable accommodations for pregnant workers. Reasonable accommodations could include minor job modifications that change a worker’s duties.

Specifically, it would be an illegal employment practice for employers, labor unions, and employment agencies to do the following:

• Fail to make reasonable accommodations to known limitations related to the pregnancy, childbirth, or related medical conditions of job applicants or employees unless the accommodation would impose a hardship on the business’ operation;

• Deny employment opportunities because the business would need to make such a reasonable accommodation;

• Require job applicants or employees to accept an accommodation that they choose not to accept, if the accommodation is unnecessary to perform the job;

• Require employees to take paid or unpaid leave if another reasonable accommodation can be provided to their known limitations;

• Take adverse action against an employee through the terms, conditions, or privileges of employment against an employee requesting the reasonable accommodation.

Enforcement procedures and legal remedies would be established under the Civil Rights Act of 1964, the Congressional Accountability Act of 1995, the Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices.

The Equal Employment Opportunity Commission (EEOC) would issue regulations to carry out this legislation. These regulations would include the identification of reasonable accommodations addressing known limitations related to pregnancy, childbirth, and related medical conditions.

State governments would not have immunity from claims filed under this act, as this bill includes a clause negating the sovereign immunity provided to states in the Eleventh Amendment.

Argument in favor

Women who are pregnant and either in the workforce or are looking for work shouldn’t face discrimination. The federal government needs to create and enforce these laws to ensure that pregnant women receive fair treatment in the workforce.

Argument opposed

There are already discrimination laws that can be used to protect pregnant workers and job seekers, including the Pregnancy Discrimination Act. This bill is well-intentioned, but unnecessary.

Impact

Pregnant employees and job seekers; businesses, labor unions, and employment agencies; and relevant agencies at the federal and state level.

Cost of S. 1512

A CBO cost estimate is unavailable.

Additional Info

In-Depth: The lead sponsor of this bill, Sen. Bob Casey (D-PA), believes that:

“No worker should live in fear that her job is at risk at risk simply because she’s pregnant. This is commonsense legislation that will finally provide pregnant workers the comprehensive workplace protections they deserve.”

Currently this bill enjoys a measure of bipartisan support, with 22 Democratic, three Republican and two Independent cosponsors.

Of Note: A recent Supreme Court ruling, Young v. United Parcel Service, found that employers cannot refuse to accommodate pregnant workers if they accommodate other temporary disabilities. The four liberal justices on the Supreme Court were joined by two of the more conservative justices -- Justice Alito and Chief Justice Roberts -- and based their decision on the text Pregnancy Discrimination Act (PDA). The PDA prohibits employers from discriminating against pregnant workers, and requires that women be treated equally in all aspects of their work, including when they are experiencing a physical condition that prevents them from working as usual.

Media:

• Sponsoring Sen. Bob Casey (D-PA) Press Release
• PhillyVoice
• A Better Balance (In Favor)
• The Leadership Conference (In Favor)
• ThinkProgress (In Favor)