What Happened?
Several cities are passing “common sense” legislation that ensures pregnant workers are afforded certain accommodations to stay working before and after giving birth. Failing to establish such standards can create significant losses for local economies or lead to lawsuits for discrimination.
Goal
Laws to support pregnant workers have already been passed in New York City; Philadelphia; and Providence, Rhode Island. Many other cities and states are pushing for common sense legislation to be passed in light of a growing number of lawsuits filed by pregnant employees who felt discriminated against by their employers.
Furthermore, recent polls from the National Partnership for Women & Families found public support across the country for policies protecting working families. Because more women are in the workforce and contributing significantly to family incomes, there is a strong economic component to protecting their ability to work during pregnancy.
Common sense legislation is designed to protect employees from adverse health conditions that may arise in the workplace prior to or after giving birth. This includes providing employees with certain permissions and resources so they can easily perform their duties without sacrificing the needs of their families. Many of these bills include requirements for supporting breastfeeding, such as allowing breaks and space during the day to pump breast milk. They also ensure employees cannot lose their jobs as a result of getting pregnant.
Example Legislation
Philadelphia, New York City and Providence have all passed laws requiring employers to provide employees with accommodations to meet needs related to pregnancy, childbirth or other medical conditions. Employers must meet these standards until it causes undue hardship onto the employer.
At the state level, the specifics on what is required of employers with pregnant workers vary across the country. Currently, at least 13 states have passed common sense laws to protect pregnant workers from physical or financial hardship.
The Equal Employment Opportunity Commission issued new guidelines outlining what is expected of employers with pregnant workers. The guidelines clearly state refusing to provide reasonable accommodations is illegal under federal law. Congress has yet to vote on a federal Pregnant Workers Fairness Act that builds upon and clarifies existing federal laws.
The inconsistency in pregnant worker protection laws has generated a growing number of lawsuits and discrimination cases. One such case, Young v. United Parcel Service, arose when a pregnant worker was denied job accommodations by her employer, and has made its way to the Supreme Court.
How Pregnant Workers Strengthen the Bottom Line
The National Women’s Law Center created a fact sheet outlining why providing support and accommodations for pregnant workers has an economic benefit for businesses. Aside from avoiding a costly lawsuit or discrimination suit, employers should invest in pregnant worker accommodations because it will:
- Increase recruitment and retention of employees
- Boost productivity
- Reduce absenteeism
- Nurture employee commitment
- Strengthen employee safety
- Diversify the workforce
Because the vast majority of these accommodations are temporary, they create little to no cost for the employer.
Strategies for a Stronger Workforce
Gov1 has followed the latest trends in workforce policies, such as focusing on reducing absenteeism and improving injury rates.