Mr. Speaker, I rise in strong support of the Pregnant Workers Fairness Act, a bipartisan proposal that will finally secure clear protection for pregnant workers. Pregnant women should not have to risk their lives on the job. Yet, too…
Mr. Speaker, I rise in strong support of the Pregnant Workers Fairness Act, a bipartisan proposal that will finally secure clear protection for pregnant workers.
Pregnant women should not have to risk their lives on the job. Yet, too often, instead of offering accommodations routinely given to other employees, a pregnant worker risks termination, meaning she loses her paycheck and health insurance right when she needs them the most.
We know that COVID-19 has exacerbated health inequalities for women, especially women of color.
Before the pandemic, moms in the U.S. already struggled and died from pregnancy-related causes at the highest rate in the developed world, with Black moms dying three to four times the rate of their White peers.
Mr. Speaker, I include in the Record a letter on behalf of maternal health organizations who support putting a national pregnancy accommodation standard in place.
May 11, 2021.
Re Support the Pregnant Workers Fairness Act.
Dear Representative: The undersigned organizations
dedicated to assuring quality maternal, infant, and child
health and well-being, improving pregnancy and birth
outcomes, and closing racial disparities in maternal health
enthusiastically support the Pregnant Workers Fairness Act
(H.R. 1065). Modeled after the Americans with Disabilities
Act, the bill would require employers to provide reasonable,
temporary workplace accommodations to pregnant workers as
long as the accommodation does not impose an undue hardship
on the employer. This bill is critically important because no
one should have to choose between having a healthy pregnancy
and a paycheck.
Congress must do all it can to end the prejudice pregnant
workers, especially Black pregnant workers and workers of
color, continue to face in the workplace. This includes
making sure when pregnant workers voice a need for reasonable
accommodations that those needs are met rather than penalized
and that the workplace is an environment where pregnant
workers do not fear asking for the accommodations they need
to maintain their health.
Three-quarters of women will be pregnant and employed at
some point in their lives. Most pregnant workers can expect a
routine pregnancy and healthy birth. However, health care
professionals have consistently recommended that some
pregnant individuals make adjustments in their work
activities to sustain a healthy pregnancy and prevent adverse
pregnancy outcomes, including preterm birth or miscarriage.
These medically necessary workplace accommodations can
include allowing additional bathroom breaks, opportunities to
stay hydrated, lifting restrictions, or access to a chair or
stool to decrease time spent standing.
Unfortunately, too many pregnant workers, particularly
pregnant people of color, face barriers to incorporating even
these small changes to their workdays. For example, Black
women experience maternal mortality rates three to four times
higher than white women, with Indigenous women similarly
experiencing disproportionately high rates. The circumstances
surrounding these alarming statistics can often be attributed
to a lack of access to care, including due to inflexible
workplaces, and deep biases in racial understanding. Various
social determinants such as health, education, and economic
status drastically influence the outcomes of pregnancy for
Black women leading to severe pregnancy-related
complications. As the Black Mamas Matter Alliance has pointed
out ``Health is determined in part by our access to social
and economic opportunities, the resources and supports that
are available in the places where we live, and the safety of
our Workplaces . . . however, disparities in these conditions
of daily life give some people better opportunities to be
healthy than others. Black pregnant workers along with Latinx
and immigrant women are disproportionately likely to work in
physically demanding jobs that may lead to workers needing
modest accommodations to ensure a healthy pregnancy. Too
often, however, those requests are refused or ignored,
forcing pregnant workers of color to disproportionately
contend with unsafe working conditions.
Furthermore, Black mothers have among the highest labor
force participation rates in the country and 80 percent of
Black mothers are their family's primary breadwinner. Yet,
historically, Black women have been exploited in the
workplace, and that exploitation continues to this day.
Though Black women only comprise 14.3 percent of the
population, nearly thirty percent of pregnancy discrimination
complaints are filed by Black women. This is because of the
multiple forms of discrimination Black workers and other
workers of color too often face in the workplace. As scholar
Nina Banks has noted, ``The legacy of black women's
employment in industries that lack worker protections has
continued today since black women are concentrated in low-
paying, inflexible service occupations . . .'' Black women in
low wage jobs working during pregnancy face little support
from employers when safeguards do not address pregnancy
related accommodations. Faced with the threat of termination,
loss of health insurance, or other benefits, Black pregnant
people are often
forced to keep working which can compromise their health and
the health of their pregnancy.
Workplace accommodations help safeguard a healthy pregnancy
or prevent harm to a higher-risk pregnancy. Across the
country, pregnant workers continue to be denied simple, no-
cost or lowcost, temporary adjustments in their work settings
or activities and instead risk being fired or forced to take
unpaid leave to preserve the health of their pregnancy.
This impossible choice forces many pregnant workers to
continue working without accommodations, putting women and
their pregnancies at risk of long-lasting and severe health
consequences. When pregnant workers must continue working
without accommodations, they risk miscarriage, excessive
bleeding, and other devastating health consequences. Black
women have the highest incidence of preterm birth and yet we
know that workplace accommodations such as reducing heavy
lifting, bending, or excessive standing can help prevent
preterm birth, the leading cause of infant mortality in this
country.
Black women also experience higher rates of preeclampsia,
which is one of the leading causes of maternal mortality. We
are still learning about how to prevent this dangerous
medical condition, yet we know that simply allowing workers
to take bathroom breaks can prevent urinary tract infections
which are ``strongly associated with preeclampsia.''
Similarly, ensuring pregnant workers can drink a sufficient
amount of water can also help pregnant workers maintain their
blood pressure, which is critically important since
hypertensive disorders (high blood pressure) are also a
leading cause of maternal morbidity and mortality. By putting
a national pregnancy accommodation standard in place, the
Pregnant Workers Fairness Act has the potential to improve
some of the most serious health consequences Black pregnant
people experience. Furthermore, the Pregnant Workers Fairness
Act will help remove one of the many barriers Black pregnant
people face at work by ensuring they are afforded immediate
relief under the law, and not thrown into financial dire
straits for needing pregnancy accommodations.
The Pregnant Workers Fairness Act is a measured approach to
a serious problem. As organizations dedicated to maternal
health and closing racial disparities in pregnancy and birth
outcomes, we understand the importance of reasonable
workplace accommodations to ensure that pregnant persons can
continue to provide for their families and have safe and
healthy pregnancies. We collectively urge swift passage of
the Pregnant Workers Fairness Act.
Sincerely,
Black Mamas Matter Alliance; March of Dimes; National WIC
Association; 1,000 Days; A Better Balance; Academy of
Nutrition and Dietetics; American Academy of Pediatrics;
American Civil Liberties Union; American College of
Obstetricians and Gynecologists; Agricultural Justice
Project; Ancient Song Doula Services; Association of Maternal
& Child Health Programs; Baobab Birth Collective.
Black Women's Health Imperative; Breastfeeding in Combat
Boots; California WIC Association; Centering Equity, Race &
Cultural Literacy in Family Planning (CERCL-FP); Earth
Action, Inc.; Farmworker and Landscaper Advocacy Project;
Farmworker Association of Florida; Feminist Women's Health
Center; First Focus Campaign for Children; Healthy Mothers,
Healthy Babies Coalition of Georgia; Healthy Women; Human
Rights Watch; Mom2Mom Global; NARAL Pro-Choice America.
National Association of Nurse Practitioners in Women's
Health; National Birth Equity Collaborative; National
Partnership for Women & Families; National Women's Health
Network; National Women's Law Center; Nebraska WIC
Association; Nurse-Family Partnership; Physicians for
Reproductive Health; Planned Parenthood Federation of
America; Public Citizen; SisterReach; SisterSong National
Women of Color Reproductive Justice Collective; U.S.
Breastfeeding Committee; Workplace Fairness; Wisconsin WIC
Association; ZERO TO THREE.
Mr. Speaker, the Pregnant Workers Fairness Act can improve some of the most serious health consequences Black pregnant women experience in the workplace.
Federal protections for pregnant workers are stuck in the 1950s. In 2021, it is past time for workplaces to accommodate our families and protect all pregnant workers. It is women and families who keep our economy and communities running.
Mr. Speaker, I urge my colleagues to vote ``yes.''