Democratic Women’s Caucus Applauds House Passage of Pregnant Workers Fairness Act

CONTACT: Michelle Moreno-Silva

Washington, D.C. – Today, the U.S. House of Representatives passed H.R. 1065 the Pregnant Workers Fairness Act, which was led by Congressman Jerry Nadler (NY-10), Democratic Women’s Caucus (DWC) Member Congresswoman Lucy McBath (GA-06) with the support of DWC Co-Chairs Congresswomen Brenda Lawrence (MI-14), Jackie Speier (CA-14), and Lois Frankel (FL-21), and Vice Chairs Congresswomen Veronica Escobar (TX-16) and Sylvia Garcia (TX-29).

The Pregnant Workers Fairness Act expands the rights of working women by establishing the right to reasonable accommodations in the workplace for pregnant workers. It also prohibits employers from discriminating against pregnant applicants in hiring, retaliating against workers for requesting accommodations and forcing workers to take paid or unpaid leave if accommodations could otherwise be made.

“Too many women – especially women of color and immigrant women – are forced to make the impossible decision of choosing between earning a paycheck or the health of their pregnancy,” the Members said. “That is a life and death choice that no woman should have to make. With the House passage of this bipartisan legislation today, we have taken another step toward equality for working women and we urge the Senate to follow suit without delay.”

Under the Pregnant Workers Fairness Act:

• 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). 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 to take paid or unpaid leave if a 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. 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.

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