Mr. Speaker, pursuant to House Resolution 380, I call up the bill (H.R. 1065) to eliminate discrimination and promote women's health and economic security by ensuring reasonable workplace…
Mr. Speaker, pursuant to House Resolution 380, I call up the bill (H.R. 1065) to eliminate discrimination and promote women's health and economic security by ensuring reasonable workplace accommodations for workers whose ability to perform the functions of a job are limited by pregnancy, childbirth, or a related medical condition, and ask for its immediate consideration.
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and insert extraneous material on H.R. 1065, the Pregnant Workers Fairness Act.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 1065, the Pregnant Workers Fairness Act introduced by Representatives Nadler and Katko.
It is unacceptable that, in 2021, pregnant workers can still be denied basic workplace accommodations that help them stay healthy during their pregnancy. These accommodations, from
providing seating and water to excusing pregnant workers from heavy lifting, are not complex or costly.
But without these protections, too many workers are forced to either leave their jobs or put their health and the health of their pregnancy at risk. We can and must do better to ensure that no worker in this country is forced to choose between financial security and a healthy pregnancy.
The Pregnant Workers Fairness Act would finally establish a right to reasonable accommodations to all pregnant workers, and it would guarantee that pregnant workers can seek those accommodations without facing discrimination or retaliation.
Last Congress, 226 House Democrats and 103 Republicans came together to pass this legislation by a margin of 329-73. I hope we can come together again this year and finally deliver this bipartisan priority to our Nation's workers.
Mr. Speaker, I urge strong support for the Pregnant Workers Fairness Act, and I reserve the balance of my time.
House of Representatives,
Committee on House Administration,
Washington, DC, March 24, 2021.
Hon. Robert C. ``Bobby'' Scott,
Chairman, Committee on Education and Labor,
House of Representatives, Washington, DC.
Dear Chairman Scott: I am writing to you concerning H.R.
1065, the Pregnant Workers Fairness Act. There are certain
provisions in the legislation which fall within the Rule X
jurisdiction of the Committee on House Administration.
In the interest of permitting your committee to proceed
expeditiously to floor consideration, the Committee on House
Administration agrees to forego action on the bill. This is
done with the understanding that the Committee on House
Administration's jurisdictional interests over this and
similar legislation are in no way diminished or altered. In
addition, the Committee reserves its right to seek conferees
on any provisions within its jurisdiction which are
considered in a House-Senate conference and requests your
support if such a request is made.
I would appreciate your response confirming this
understanding with respect to H.R. 1065 and ask that a copy
of our exchange of letters on this matter be included in your
committee report on the bill and in the Congressional Record
during consideration of the bill on the House floor.
Sincerely,
Zoe Lofgren,
Chairperson.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Oregon (Ms. Bonamici), the chair of the Civil Rights and Human Services Subcommittee.
Mr. Speaker, I yield such time as she may consume to the gentlewoman from New Mexico (Ms. Leger Fernandez), a member of the Committee on Education and Labor.
Mr. Speaker, I yield 1 minute to the gentlewoman from Georgia (Mrs. McBath), a member of the Education and Labor Committee.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Texas (Ms. Jackson Lee).
Mr. Speaker, I yield 1\1/4\ minutes to the gentlewoman from Florida (Ms. Wasserman Schultz).
Mr. Speaker, I yield 4 minutes to the gentleman from New York (Mr. Katko), the lead cosponsor of this legislation.
Mr. Speaker, I yield myself 15 seconds to briefly respond to the fact that, first of all, this only applies to those employers with 15 workers or more. Furthermore, the Religious Freedom Restoration Act and First Amendment still apply. It is hard to imagine any religious objection to giving a pregnant worker water or an extra bathroom break, and there haven't been any complaints to the EEOC about the failure to do that.
At this time I yield 1 minute to the gentlewoman from Illinois (Ms. Schakowsky).
Mr. Speaker, I yield 1 minute to the gentlewoman from Michigan (Ms. Stevens), a member of the Committee on Education and Labor.
Mr. Speaker, I yield 5 minutes to the gentleman from New York (Mr. Nadler), the chair of the House Judiciary Committee and sponsor of the legislation.
Mr. Speaker, I yield the gentleman an additional 30 seconds.
Mr. Speaker, I yield 1\1/4\ minutes to the gentleman from Nebraska (Mr. Fortenberry).
Mr. Speaker, I include in the Record a letter from dozens of religious organizations, including the Catholic Labor Network, Jewish Women International, National Council of Churches, Union for Reform Judaism, and United Church of Christ, Justice and Witness Ministries in support of the legislation as it is.
Dear Representative: On behalf of the undersigned religious
and faith-based organizations representing a diversity of
faith traditions and communities across the nation, we write
today in support of healthy workplace environments and
conditions for pregnant workers. We urge you to pass the
Pregnant Workers Fairness Act (H.R. 1065). People of faith
across the ideological spectrum understand that prioritizing
the health and safety of pregnant workers should not be a
partisan issue. The Pregnant Workers Fairness Act would
ensure that pregnant workers can continue safely working to
support their families during a pregnancy. The bill requires
employers to make the same sort of accommodations for
pregnant workers as are already in place for workers with
disabilities.
Our faith traditions affirm the dignity of pregnant
individuals and the moral imperative of ensuring their
safety. We also affirm the dignity of work and the obligation
to treat workers justly. It is immoral for an employer to
force a worker to choose between a healthy pregnancy and
earning a living. By passing the bipartisan Pregnant Workers
Fairness Act (H.R. 1065), Congress will ensure that workers
who are pregnant will be treated fairly in the workforce and
can continue earning income to support themselves and their
families. Efforts to distract from the central goal of
ensuring pregnant workers can maintain their health and the
health of their pregnancies by inserting unnecessary,
harmful, and politically divisive language into this bill
undermines our obligation to protect pregnant workers across
our country.
While many pregnant individuals continue working throughout
their pregnancies without incident, there are instances when
minor accommodations are necessary at the workplace to ensure
the safety of the expecting mother and the baby. All too
often, requests for simple workplace accommodations like a
stool to sit, a water bottle, or a bathroom break are denied.
Within the COVID-19 context, such critical accommodations
might include proper protective equipment, telework, or
staggered work schedules that offer employees commute times
which avoid crowded public transportation and increased
exposure. Currently, pregnant workers may continue to work
without necessary accommodations because they fear losing
their jobs and need the income, thus endangering their health
or the health of their pregnancy. Without these protections,
it is not uncommon for pregnant workers to be let go or
forced out onto unpaid leave for requesting accommodations.
Many others must quit their job to avoid risking the health
of their pregnancy.
Passing the Pregnant Workers Fairness Act is a moral and
economic imperative; two-thirds of women who had their first
child between 2006 and 2008, the last year for which data is
available, worked during pregnancy, and 88 percent of these
first-time mothers worked into their last trimester. Keeping
these women healthy and in the workforce is paramount to
family economic security. In 2020, 77.5 percent of mothers
with children under age 6 worked full time, and that number
goes up to 81.2 percent for employed mothers with children
ages 6 to 17. Millions of families rely on their earnings. In
2019, the last year for which data is available, 41 percent
of mothers were the sole or primary breadwinners in their
families, while 24.8 percent of mothers were co-breadwinners.
Whole families suffer when pregnant workers are forced out of
a job.
The undersigned religious and faith-based groups are united
in support of the Pregnant Workers Fairness Act. We strongly
urge you to vote for the Pregnant Workers Fairness Act.
Sincerely, the undersigned:
Ameinu, Arizona Jews for Justice, Aytzim: Ecological
Judaism, Bend the Arc: Jewish Action, Catholic Labor Network,
Church World Service, Columban Center for Advocacy and
Outreach, Congregation of Our Lady of Charity of the Good
Shepherd, U.S. Provinces, Faith Action Network, Faith Action
Network--Washington State.
Franciscan Action Network, Friends Committee on National
Legislation, Jewish Alliance for Law and Social Action,
Jewish Family & Children's Service of Greater Boston, Jewish
Women International, Justice Revival, Keshet, Leadership
Conference of Women Religious, National Advocacy Center of
the Sisters of the Good Shepherd, National Coalition Against
Domestic Violence.
National Council of Churches, National Council of Jewish
Women, NETWORK Lobby for Catholic Social Justice, Network of
Jewish Human Service Agencies, Pax Christi USA, T'ruah: The
Rabbinic Call for Human Rights, Union for Reform Judaism,
United Church of Christ, Justice and Witness Ministries, Uri
L'Tzedek.
Mr. Speaker, I yield 1 minute to the gentleman from Texas (Mr. Green).
Mr. Speaker, could you advise as to how much time is remaining on both sides?
Mr. Speaker, I yield 1 minute to the gentleman from Maryland (Mr. Hoyer), the majority leader of the United States House of Representatives.
Mr. Speaker, I yield 1 minute to the gentleman from Tennessee (Mr. Cohen), the chair of the Subcommittee on the Constitution, Civil Rights, and Civil Liberties of the Judiciary Committee.
Mr. Speaker, how much time do I have remaining?
Mr. Speaker, I yield myself 4\1/2\ minutes.
Mr. Speaker, the Pregnant Workers Fairness Act is based on the simple idea that no one in this country should have to choose between financial security and a healthy pregnancy.
This concept of fairness for pregnant workers is precisely why both Democrats and Republicans came together to pass the Pregnant Workers Fairness Act in the last Congress.
Let's be clear. Reasonable protections for workers are nothing new in our Nation's workplaces. Employers already have several decades of experience providing reasonable accommodations for workers with disabilities under the Americans with Disabilities Act.
We have heard about the fact that it doesn't include a religious exemption. Well, the Religious Freedom Restoration Act still applies. The First Amendment still applies. But there is no reason to give a wholesale exemption to religious organizations, because what are you exempting them from? Providing water for pregnant workers, giving a bathroom break to a pregnant worker, is that what they need an exemption from?
We need to make sure that those accommodations are available to all pregnant women who are working and that organizations with at least 15 workers are guaranteeing protections for pregnant workers in Federal law.
By doing that, this bill will eliminate the confusing patchwork of State and local workplace standards that workers and employers are currently forced to navigate. This legislation has broad support across the political spectrum and our communities.
In a recent nationwide survey, 89 percent of voters say they support the Pregnant Workers Fairness Act. Labor unions; civil rights groups, as we have heard; and the business community, including the Chamber of Commerce, have all endorsed this proposal as it is. It is imperative that we finally guarantee pregnant workers access to reasonable workplace accommodations.
Mr. Speaker, I include in the Record a letter signed by over 250 organizations in support of H.R. 1065, the Pregnant Workers Fairness Act.
May 11, 2021.
Re Pregnant Workers Fairness Act.
Dear Member of Congress: As organizations committed to
promoting the health and economic security of our nation's
families, we urge you to support the Pregnant
Workers Fairness Act, a crucial maternal and infant health
measure. This bipartisan legislation promotes healthy
pregnancies and economic security for pregnant workers and
their families and strengthens the economy.
In the last few decades, there has been a dramatic
demographic shift in the workforce. Not only do women now
make up almost half of the workforce, but there are more
pregnant workers than ever before and they are working later
into their pregnancies. The simple reality is that some
pregnant workers--especially those in physically demanding
jobs--will have a medical need for a temporary job-related
accommodation in order to maintain a healthy pregnancy. Yet,
too often, instead of providing pregnant workers with an
accommodation, employers will fire or push them onto unpaid
leave, depriving them of a paycheck and health insurance at a
time when it may be most needed.
Additionally, discrimination affects pregnant workers
across race and ethnicity, but women of color and immigrants
may be at particular risk. Latinas, Black women and immigrant
women are more likely to hold certain inflexible and
physically demanding jobs that can present specific
challenges for pregnant workers, such as cashiers, home
health aides, food service workers, and cleaners, making
reasonable accommodations on the job even more important, and
loss of wages and health insurance due to pregnancy
discrimination especially challenging. American families and
the American economy depend on women's income: we cannot
afford to force pregnant workers out of work.
In 2015, in Young v. United Parcel Service, the Supreme
Court held that a failure to make accommodations for pregnant
workers with medical needs will sometimes violate the
Pregnancy Discrimination Act of 1978 (PDA). Yet, even after
Young, pregnant workers are still not getting the
accommodations they need to stay safe and healthy on the job
and employers lack clarity as to their obligations under the
law. The Pregnant Workers Fairness Act will provide a clear,
predictable rule: employers must provide reasonable
accommodations for limitations arising out of pregnancy,
childbirth, or related medical conditions, unless this would
pose an undue hardship.
The Pregnant Workers Fairness Act is modeled after the
Americans with Disabilities Act (ADA) and offers employers
and employees a familiar reasonable accommodation framework
to follow. Under the ADA, workers with disabilities enjoy
clear statutory protections and need not prove how other
employees are treated in order to obtain necessary
accommodations. Pregnant workers deserve the same clarity and
streamlined process and should not have to ascertain how
their employer treats others in order to understand their own
accommodation rights, as the Supreme Court's ruling currently
requires.
Evidence from states and cities that have adopted laws
similar to the Pregnant Workers Fairness Act suggests that
providing this clarity reduces lawsuits and, most
importantly, helps ensure that workers can obtain necessary
reasonable accommodations in a timely manner, which keeps
pregnant workers healthy and earning an income when they need
it most. Workers should not have to choose between providing
for their family and maintaining a healthy pregnancy, and the
Pregnant Workers Fairness Act would ensure that all those
working for covered employers would be protected.
The need for the Pregnant Workers Fairness Act is
recognized across ideological and partisan lines. Thirty
states and D.C. have adopted pregnant worker fairness
measures with broad, and often unanimous, bipartisan support.
Twenty-five of those laws have passed within the last seven
years. These states include: Alaska, California, Colorado,
Connecticut, Delaware, Hawaii, Illinois, Kentucky, Louisiana,
Maryland, Maine, Massachusetts, Minnesota, Nebraska, New
Mexico, Nevada, New Jersey, New York, North Carolina, North
Dakota, Oregon, Rhode Island, South Carolina, Tennessee,
Texas, Utah, West Virginia, Vermont, Virginia, and
Washington. Lawmakers have concluded that accommodating
pregnant workers who need it is a measured approach grounded
in family values and basic fairness.
The Pregnant Workers Fairness Act is necessary because it
promotes long-term economic security and workplace fairness.
When accommodations allow pregnant workers to continue to
work, they can maintain income and seniority, while forced
leave sets new parents back with lost wages and missed
advancement opportunities. When pregnant workers are fired,
not only do they and their families lose critical income, but
they must fight extra hard to re-enter a job market that is
especially brutal on those who are pregnant and unemployed.
The Pregnant Workers Fairness Act is vital because it
supports healthy pregnancies. The choice between risking a
job and risking the health of a pregnancy is one no one
should have to make. Pregnant workers who cannot perform some
aspects of their usual duties without risking their own
health or the health of their pregnancy, but whose families
cannot afford to lose their income, may continue working
under dangerous conditions. There are health consequences to
pushing pregnant workers out of the workforce as well. Stress
from job loss can increase the risk of having a premature
baby and/or a baby with low birth weight. In addition, if
workers are not forced to use their leave during pregnancy,
they may have more leave available to take following
childbirth, which in turn facilitates lactation, bonding with
and caring for a new child, and recovering from childbirth.
For all of these reasons, we urge you to support the
Pregnant Workers Fairness Act.
We also welcome the opportunity to provide you with
additional information.
Sincerely,
A Better Balance, American Civil Liberties Union, National
Partnership for Women & Families, National Women's Law
Center, 1,000 Days, 2020 Mom, 9to5, ACTION OHIO Coalition For
Battered Women, Advocates for Youth, AFL-CIO, African
American Ministers In Action, Alaska Breastfeeding Coalition,
Alianza Nacional de Campesinas, All-Options, Academy of
Nutrition and Dietetics, American Academy of Pediatrics,
American Association of University, Women (AAUW), American
Association of University, Women (AAUW) Indianapolis,
American College of Obstetricians and Gynecologists, American
Federation of State, County and Municipal Employees.
American Federation of Teachers, American Public Health
Association, AnitaB.org, Asian Pacific American Labor
Alliance, AFL-CIO, Association of Farmworker Opportunity
Programs, Association of Maternal & Child Health Programs,
Association of State Public Health Nutritionists, Autistic
Self Advocacy Network, Baby Cafe USA, Beaufort-Jasper-Hampton
Comprehensive Health Services, Black Mamas Matter Alliance,
Black Women's Roundtable, Bazelon Center for Mental Health
Law, Bloom, Baby! Birthing Services, Bread For the World.
Breastfeeding Coalition of Delaware, Breastfeeding Family
Friendly Communities, Breastfeeding Hawaii, BreastfeedLA,
Building Pathways, Inc, California Breastfeeding Coalition,
California WIC Association, California Work & Family
Coalition, California Women's Law Center, Casa de Esperanza:
National Latina@ Network for Healthy Families and
Communities, Center for American Progress, Center for Law and
Social Policy (CLASP), Center for LGBTQ Economic, Advancement
& Research, Center for Parental Leave Leadership, Center for
Public Justice, Center for Reproductive Rights, Chosen
Vessels Midwifery Services, Church World Service,
Clearinghouse on Women's Issues, CLUW.
Coalition for Restaurant Safety & Health, Coalition of
Labor Union Women (CLUW), Coalition on Human Needs,
Congregation of Our Lady of Charity of the Good Shepherd,
U.S. Provinces, Connecticut Women's Education and Legal Fund
(CWEALF), DC Dorothy Day Catholic Worker, Disability Rights
Education & Defense Fund, Disciples Center for Public
Witness, Economic Policy Institute, Equality Ohio, Equal Pay
Today, Equal Rights Advocates, Every Texan, Every Mother,
Inc., Family Equality, Family Values @ Work, Farmworker
Justice, Feminist Majority Foundation, First Focus Campaign
for Children.
Futures Without Violence, Gender Equality Law Center,
Gender Justice, Grandmothers for Reproductive Rights (GRR!),
Hadassah, The Women's Zionist, Organization of America, Inc.,
Hawai`i Children's Action Network Speaks!, Health Care For
America Now, Healthier Moms and Babies, Healthy Children
Project, Inc., Healthy and Free Tennessee, Healthy Mothers,
Healthy Babies Coalition of Georgia, HealthyWomen, Hispanic
Federation, Hoosier Action, Human Rights Watch, ICNA CSJ, In
Our Own Voice: National Black Women's Reproductive Justice
Agenda, Indiana Chapter of the American Academy of
Pediatrics, Indiana Institute for Working Families.
Indianapolis Urban League, Institute for Women's Policy
Research, Interfaith Workers Justice, Justice for Migrant
Women, Kansas Action for Children, Kansas Breastfeeding
Coalition, KWH Law Center for Social Justice and Change, La
Leche League Alliance, La Leche League USA, LatinoJustice
PRLDEF, LCLAA, Legal Aid at Work, Legal Momentum, The Women's
Legal Defense and Education Fund, Legal Voice, Mabel
Wadsworth Center, Main Street Alliance, Maine Women's Lobby,
Make It Work Nevada, Mana, A National Latina Organization.
March of Dimes, Maternal Mental Health Leadership Alliance,
MCCOY (Marion County Commission on Youth), Methodist
Federation for Social Action, Michigan Breastfeeding Network,
Michigan League for Public Policy, Midwives Alliance of
Hawaii, Minus 9 to 5, Mississippi Black Women's Roundtable,
Mom Congress, MomsRising, Monroe County NOW, Mother Hubbard's
Cupboard, Mothering Justice, Mother's Own Milk Matters, MS
Black Women's Roundtable & MS, Women's Economic Security
Initiative, NAACP, NARAL Pro-Choice America, National
Advocacy Center of the Sisters of the Good Shepherd, National
Asian Pacific American Women's Forum (NAPAWF).
National Association of Pediatric Nurse Practitioners,
National Association of Social Workers, National Association
of Social Workers NH Chapter, National Advocates for Pregnant
Women, National Birth Equity Collaborative, National Center
for Law and Economic Justice, National Center for Lesbian
Rights, National Center for Parent Leadership, Advocacy, and
Community Empowerment (National PLACE), National Coalition
for the Homeless, National Coalition of 100 Black Women,
Inc., Central Ohio Chapter, National Coalition Against
Domestic Violence, National Consumers League, National
Council for Occupational Safety and Health (National COSH).
National Council of Jewish Women, National Council of
Jewish Women Cleveland, National Council of Jewish Women
(NCJW), Atlanta Section, National Domestic Workers Alliance,
National Education Association, National Employment Law
Project, National Employment Lawyers Association, National
Health Law Program, National Hispanic Council on Aging,
National Network to End Domestic Violence, National
Organization for Women, National Urban League, National WIC
Association, National Women's Health Network, NETWORK Lobby
for Catholic Social Justice, New Jersey Breastfeeding
Coalition, New Jersey Citizen Action, New Jersey Time to Care
Coalition.
New Mexico Breastfeeding Task Force, New Working Majority,
North Carolina Justice Center, Northwest Arkansas
Breastfeeding Coalition, Nurse-Family Partnership, Nutrition
First, Ohio Alliance to End Sexual Violence, Ohio Coalition
for Labor Union Women, Ohio Domestic Violence Network, Ohio
Federation of Teachers, Ohio Religious Coalition for
Reproductive Choice, Ohio Women's Alliance, Oxfam America,
Paid Leave For All, Partnership for America's Children,
Peirce Consulting LLC, Philadelphia Coalition of Labor Union,
Women Philly CLUW, Philadelphia NOW Education Fund,
Philaposh, Physicians for Reproductive Health, Planned
Parenthood Federation of America.
PL+US: Paid Leave for the United States, Poder Latinx,
Pontikes Law LLC, PowHer New York, Pray First Mission
Ministries, Pretty Mama Breastfeeding, LLC, Prevent Child
Abuse NC, Public Advocacy for Kids (PAK), Restaurant
Opportunities Center United, RESULTS, RESULTS DC/MD, Shriver
Center on Poverty Law, SisterReach, SPAN Parent Advocacy
Network (SPAN), Solutions for Breastfeeding, Speaking of
Birth, Southwest Women's Law Center, The International Union,
United Automobile, Aerospace and Agricultural Implement
Workers of America (UAW), The Leadership Conference on Civil
and Human Rights,
The Little Timmy Project, The National Domestic Violence
Hotline, The Ohio Women's Public Policy Network, The Women
and Girls Foundation of Southwest Pennsylvania, The Women's
Law Center of Maryland, The Zonta Club of Greater Queens,
TIME'S UP Now, U.S. Breastfeeding Committee, Ujima Inc: The
National Center on Violence Against Women in the Black
Community, UltraViolet, Union for Reform Judaism, United
Church of Christ Justice and Witness Ministries, United
Electrical, Radio and Machine Workers of America (UE), United
Food and Commercial Workers International Union (UFCW),
United Spinal Association, United State of Women, United
Steelworkers, United Today, Stronger Tomorrow.
Universal Health Care Action Network of Ohio, VA NOW, Inc.,
Virginia Breastfeeding Advisory Committee, Virginia
Breastfeeding Coalition, Voices for Progress, Wabanaki
Women's Coalition, We All Rise, West Virginia Breastfeeding
Alliance, Western Kansas Birthkeeping, William E. Morris
Institute for Justice (Arizona), Women and Girls Foundation
of Southwest Pennsylvania, Women Employed, Women of Reform
Judaism, Women's Fund of Greater Chattanooga.
Women's Fund of Rhode Island, Women's Law Project, Women's
March, Women's Media Center, Women's Rights and Empowerment
Network, Women4Change, Workplace Fairness, Workplace Justice
Project at Loyola Law Clinic, Worksafe, WV Breastfeeding
Alliance, WV Perinatal Partnership, Inc., YWCA Dayton, YWCA
Greater Cincinnati, YWCA Mahoning Valley, YWCA McLean County,
YWCA Northwestern Illinois, YWCA USA, YWCA of the University
of Illinois, ZERO TO THREE.
Mr. Speaker, lastly, I thank Chairman Nadler and Congressman Katko for their leadership on this important legislation.
Mr. Speaker, I urge a ``yes'' vote, and I reserve the balance of my time.
Mr. Speaker, I have one last speaker, and I reserve the balance of my time.
Mr. Speaker, I yield 1 minute to the gentlewoman from California (Ms. Pelosi), the Speaker of the House of Representatives.
Mr. Speaker, I yield back the balance of my time.