U.S. House Assistant Speaker Ben Ray Luján

CONGRESSIONAL News:

WASHINGTON, D.C. — U.S. House Assistant Speaker Ben Ray Luján (D-N.M.) issued the following statement after the House passed the Pregnant Workers Fairness Act by a 329-73 vote.

This bipartisan legislation establishes pregnant workers’ right to reasonable workplace accommodations, including excusing workers from lifting heavy objects or standing for long periods of time, allowing more frequent meal or bathroom breaks, and modifying work schedules.  

“Women are the primary or sole breadwinners in 4 out 10 American households. It’s no surprise, then, that women in the United States are working later into their pregnancies in order to provide for their families,” Luján said. “This commonsense legislation protects the livelihoods of pregnant workers and ensures that they aren’t forced to make the impossible choice between keeping their jobs and safeguarding their health and the health of their children.”

Background: 

There is no federal law that explicitly guarantees pregnant workers the right to reasonable workplace accommodations. Currently, to prove discrimination, pregnant workers must show that their employers accommodated non-pregnant workers with similar limitations.

The Pregnant Workers Fairness Act would establish that: 

• Private sector employers with more than 15 employees as well as public sector employers must make reasonable accommodations for pregnant workers (employees and job applicants with known limitations related to pregnancy, childbirth, or related medical conditions).

o  Similar to the Americans with Disabilities Act, employers are not required to make an accommodation if it imposes an undue hardship on an employer’s business.

• Pregnant workers cannot be denied employment opportunities, retaliated against for requesting a reasonable accommodation, or forced take paid or unpaid leave if another reasonable accommodation is available.
• Workers denied a reasonable accommodation under the Pregnant Workers Fairness Act will have the same rights and remedies as those established under Title VII of the Civil Rights Act of 1964. These include lost pay, compensatory damages, and reasonable attorneys’ fees.

o  Public sector employees have similar relief available under the Congressional Accountability Act, Title V of the United States Code, and the Government Employee Rights Act of 1991.