Employers would have to provide reasonable accommodations to pregnant workers and employees with pregnancy-related conditions under a bill that was recently advanced by the U.S. House of Representatives Education and Labor Committee.
The Pregnant Workers Fairness Act (PWFA)—H.R. 1065—would provide workplace protections for pregnant workers, including the right to seek reasonable accommodations to help them stay healthy during pregnancy.
"These accommodations—which can include water, seating, more frequent restroom breaks, or even temporary lifting restrictions—are not complex or costly," said Rep. Bobby Scott, D-Va. "However, without basic protections, too many pregnant workers are forced to choose between a healthy pregnancy and their paychecks."
Although the bill has bipartisan support, Rep. Virginia Foxx, R-N.C., raised some concerns with the current version of the bill, including that it may limit employers' ability to defend against pay disparities resulting from legitimate factors. "Committee Republicans emphatically denounce unlawful discrimination," she noted.
The committee approved the bill in a 30-17 vote on March 24.
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Providing Clarity
The PWFA has support from business groups and worker advocates alike. The U.S. Chamber of Commerce urged the House committee to approve the bill without changes. "There is considerable confusion about what employers are required to do to accommodate pregnant workers," the Chamber said in a letter to Congress. The PWFA "would clarify an employer's obligation to accommodate a pregnant employee, or applicant, with a known limitation that interferes with her ability to perform some essential functions of her position."
Determining Reasonable Accommodations
The National Partnership for Women and Families (NPFWF) also supports the proposed legislation. The advocacy group noted that—similar to the well-established process under the Americans with Disabilities Act—the PWFA would require employers to work with pregnant employees to determine reasonable accommodations. "Pregnant women who continue working are generating income for their families while gaining seniority on the job. When pregnant women are fired, they and their families lose critical income, and they may struggle to re-enter a job market that is especially brutal for unemployed workers, mothers, and, in particular, pregnant women," the NPFWF said.
Types of Accommodation
The House passed a similar bill in 2020 that stalled in the U.S. Senate. The bill highlighted the need to provide reasonable accommodations for health reasons. "Depending on the circumstances of the pregnancy, physicians recommend that pregnant women avoid or limit certain risks in the workplace, including exposure to certain compounds, heavy lifting, overnight work, extended hours, or prolonged periods of sitting or standing," a House bill report said. "Some studies have shown increased risk of miscarriage, preterm birth, low birth weight, urinary tract infections and fainting as a result of these exposures." These health risks can be addressed, the bill report noted, with such simple accommodations as: seating; water; closer parking; flexible hours; appropriately sized uniforms and safety apparel; additional breaktime to use the bathroom, eat and rest; and excusing the worker from activities that involve exposure to compounds not safe for pregnancy.
Current Law
At least 31 states and the District of Columbia have passed bills similar to the PWFA. Currently, however, there is no right under Title VII of the Civil Rights Act of 1964, as amended by the 1978 Pregnancy Discrimination Act (PDA), to workplace pregnancy accommodations. Reasonable accommodations under the ADA are available only to qualified people with disabilities, including those disabilities related to pregnancy. "While pregnancy-related complications can be considered disabilities, simply being pregnant is not a disability and therefore does not currently mandate accommodations," said Lisa McGlynn, an attorney with Fisher Phillips in Tampa, Fla.
Two More Workplace Bills Move Forward
The House Education and Labor Committee also advanced the Paycheck Fairness Act, HR 7, and the Workplace Violence Prevention for Health Care and Social Service Workers Act, HR 1195, on March 24. The Paycheck Fairness Act would require employers to provide transparency regarding their pay practices and prohibit employers from asking job applicants about their salary history. Under the workplace violence prevention bill, OSHA would be required to issue a regulation on preventing workplace violence in health care and social services. The House approved versions of these bills in a prior session, but they did not advance in the Senate.