Making the new Pregnant Workers Fairness Act work for women and families

It was over ten years ago that I first became aware of an enormous problem affecting my constituents and pregnant workers across the country after reading a 2012 op-ed on pregnancy discrimination in the workplace. I learned how it is a pervasive and persistent issue that pregnant workers were pushed off the job when they simply required a modest accommodation to continue working without jeopardizing their health — and that employers were actually getting away with this dangerous practice due to loopholes in the federal law. I took action immediately, contacting the author, Dina Bakst, co-founder & co-president of A Better Balance, promising to work together in writing a new piece of legislation to remedy the problem. From there, the Pregnant Workers Fairness Act (PWFA) was born.

I am extremely proud that after ten years of championing this legislation and working alongside advocates like A Better Balance and other stakeholders, the Pregnant Workers Fairness Act finally passed through Congress at the end of 2022 and took effect this summer, guaranteeing workers nationwide an affirmative right to accommodations for pregnancy-related conditions absent "undue hardship” on the employer.  No longer can pregnant workers be forced off the job, and face devastating economic consequences as a result, because they need temporary changes at work to maintain a healthy pregnancy or safe recovery from childbirth.

Women like New Yorker, Armanda Legros. Armanda was the sole breadwinner for her family when she was pushed out of her job as an armored truck driver, all because she requested to avoid heavy lifting during her pregnancy after she pulled a muscle on her job. As a result, Armanda lost her health insurance and had to apply for food stamps to feed her four-year old son. Struggling to make ends meet, she had to put water in her son’s cereal because she could not afford milk.

When I heard Armanda’s story, I knew I couldn’t stop fighting by her side until we put a stop to this injustice. And now, thanks to the Pregnant Workers Fairness Act, workers like Armanda are guaranteed the fairness, dignity, and equality under the law that they deserve. No longer must they make the impossible choice between following their doctor’s orders and maintaining a healthy pregnancy and putting food on the table for their families.

The scope of the Pregnant Workers Fairness Act is broad and groundbreaking. First, the law will lead to healthier pregnancies and help to address our nation’s Black maternal health crisis by ensuring workers can receive accommodations like light duty, telecommuting, time off for pre-natal and post-natal appointments, or a temporary transfer, leading to fewer complications like preeclamsia or pre-term birth.

Additionally, the PWFA not only supports workers who are currently pregnant — it also provides strong protections for workers after childbirth, including a right to time off to recover from childbirth and accommodations related to postpartum depression as well as flexibility for workers who need to express breastmilk. Importantly, the PWFA also covers other well-established pregnancy-related conditions including fertility, miscarriage and abortion. 

Because of these protections, more women will be able to enter and stay in the workforce, particularly women of color and those in physically demanding jobs who have been hit especially hard during the pandemic. Those families need the Pregnant Workers Fairness Act to avoid the severe economic cost that can come from being pushed out of the workplace due to pregnancy discrimination.

We have come a long way since my introduction a decade ago. Now, there is a critical step remaining. We must ensure our government has the tools it needs to enforce the law to its full extent, so the PWFA’s vital protections are fully available to the pregnant and postpartum workers who are depending on them. The Equal Opportunity Employment Commission (EEOC) proposed a set of regulations that will do just that, while providing necessary clarity to employers about what is required. That’s why I led a sign-on comment with the Democratic Women’s Caucus signed by 82 of my fellow Congress members, to support the proposed regulations for the Pregnant Workers Fairness Act and make sure we put a stop to the second-class treatment of pregnant workers once and for all. The passage of this law was a long overdue and hard-won victory for women and families — now let’s make sure the Pregnant Workers Fairness Act truly works for the workers who need it.

Jerrold Nadler is ranking member of the House Judiciary Committee.