Articles Posted in Pregnancy Discrimination

An important bipartisan bill addressing pregnancy discrimination in the workplace was introduced to the United States House of Representatives on May 14, 2019, signaling a potential shift in Congressional attitudes on this issue. While this was not the first-time legislation of this type was introduced in the House of Representatives, there is reason for optimism that changing views on workplace discrimination could lead to a different result this time. Notably, the bill has attracted bipartisan support. The bill lays the groundwork for a new law that would provide further workplace protections to women who become pregnant, give birth, or suffer from related medical conditions.

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The Pregnant Workers Fairness Act (PWFA),H.R. 2694, was first introduced in the United States House of Representatives in 2012 and has been re-introduced in Congress in each subsequent session. A parallel bill (S. 1101) was also introduced in the Senate, by Senator Bob Casey, in 2017. The Pregnancy Workers Fairness Act aims to eradicate discriminatory behavior toward pregnant women by ensuring that workplace accommodations are provided to employees whose ability to perform job functions is limited by pregnancy, childbirth, or a related medical condition. The Pregnancy Workers Fairness Act is sponsored by Representative Jerry Nadler who, after introducing the Bill this year, stated, “No woman should have to choose between a healthy pregnancy and a paycheck, especially when often a simple fix – a bottle of water during a shift, an extra bathroom break, a chair – will allow women to stay on the job and support their families throughout their pregnancy.”

If the Pregnancy Workers Fairness Act is enacted, it would conform Federal anti-discrimination law in this area to the anti-discrimination laws and policies maintained by 25 states, including New Jersey. The PWFA would:

There are various laws that protect pregnant women from workplace discrimination and that provide for pregnancy related leave from work.  In fact, there are both federal and state laws that provide New Jersey employees the right to take pregnancy leave to give and recovery from giving birth. Each of these laws have different eligibility requirements that govern whether an employer must provide these rights to their employees.

The most commonly known pregnancy leave related law is the federal Family and Medical Leave Act (“FMLA”). The FMLA was first enacted and signed into law in 1993 by President Bill Clinton.  The FMLA provides up to 12 weeks of leave for any 12-month period of time in order to give birth or care for a new born or adopted child.  In order to be eligible for FMLA leave, the employee must be employed by the employer for one year and must have worked 1,250 hours during the one-year period preceding the leave.  If the employer is in the private-sector, they must have at least 50 employees for the FMLA to apply to them.  All public sector employers, regardless of size, are obligated to provide eligible employees pregnancy leave under the FMLA. In order to exercise rights under the FMLA, a pregnant employee must provide their employer notice of their intent to take the leave at least 30 days in advance of their need for the leave.