Our Turn: Protecting New Hampshire’s pregnant workers from discrimination

Last modified: 6/18/2015 12:31:05 AM
It’s stunning to think that in the year 2015, women are still facing discrimination at work for simply being pregnant. Yet, that is exactly the case. More women filed pregnancy discrimination charges in 2013 than in 1997, and statistics show that instances of pregnancy discrimination in the workplace are on the rise over the last ten years.

While the Equal Employment Opportunity Commission released updated guidance last year about how companies should treat pregnant employees, the problem persists. Many hoped that a Supreme Court ruling would provide some clarity for employers and pregnant workers when it ruled on the case in March of this year, but unfortunately, the decision raised more questions than answers.

We have several laws that are meant to protect pregnant workers from discrimination, but because these laws are confusing and complicated, pregnant workers are still forced out of their jobs or denied reasonable accommodations. That’s why we worked together to introduce the Pregnant Workers Fairness Act, along with a group of bipartisan colleagues in the United States Senate.

Working while pregnant is a part of life for many women, as it was for us. In many cases, families simply can’t afford to put food on the table unless the mother continues to work during her pregnancy. In New Hampshire, about 70 percent of women who gave birth in 2013 also worked during their pregnancies, compared to the national average of 62 percent. With the vast majority of women working while pregnant, ensuring that pregnant workers are treated equally is essential to working families and our economy.

The Pregnant Workers Fairness Act sets out a simple, easy-to-apply legal standard that would provide clarity for employers and employees alike. Our bill allows pregnant women to continue to do their jobs and support their families by requiring employers to make the same types of accommodations for pregnancy that the Americans with Disabilities Act requires employers make for disabilities.

By relying on the reasonable accommodation framework that employers are already accustomed to, we can ensure that pregnant women are treated as well in the workplace as workers with disabilities are treated.

Most importantly, our bill provides real solutions for those workers currently being asked to choose between their pregnancy and their paycheck by prohibiting employers from forcing a pregnant employee to take paid or unpaid leave when another reasonable accommodation would allow the employee to continue to work.

Such accommodations are often very simple for an employer to make. For example, medical professionals advise pregnant women to drink water regularly; otherwise they could experience painful or potentially dangerous uterine contractions. Yet some workplaces have strict no-food-or-drink policies, often to ensure worker safety. Under our bill, the employer would be required to modify this policy for a pregnant worker, perhaps by allowing the worker more frequent breaks to ensure that they are drinking enough water.

Or perhaps a pregnant worker has a job that requires her to stand for her shift. In this instance, under our bill, the employer would be required to modify this policy and provide a stool for the employee in order to help prevent pain and leg swelling that can be caused by standing for long periods of time while pregnant.

In the case of the worker whose case was before the Supreme Court, who was placed on unpaid leave because her midwife recommended that she not lift more than 20 pounds during pregnancy, our legislation would have required her employer to reassign heavy lifting duties to other employees for some portion of her pregnancy.

Women in New Hampshire have told us their stories, and women across the country are speaking out about the problems they’ve faced at work or the jobs they’ve lost due to pregnancy. In short, discrimination against pregnant employees still exists. That’s just wrong, and the legislation we’ve introduced would help ensure that no mother has to choose between a healthy pregnancy and her job.



(Jeanne Shaheen and Kelly Ayotte represent New Hampshire in the U.S. Senate.)




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