Pregnant Workers Fairness Act

{{Infobox United States federal proposed legislation

| name = Pregnant Workers Fairness Act

| fullname = 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.

| introduced in the = 117th

| number of co-sponsors = 228

| public law url =

| introducedin = House

| leghisturl = https://www.congress.gov/bill/117th-congress/house-bill/1065

| introducedbill = [https://www.congress.gov/bill/117th-congress/house-bill/1065 H.R. 1065]

| introduceddate = February 15, 2021

| introducedby = Jerry Nadler (D–NY)

| committees = Education and Labor, Oversight and Reform, House Judiciary

| enacted by =

| passedbody1 = House

| passeddate1 = May 14, 2021

| effective date = June 27, 2023

| passedvote1 = [https://clerk.house.gov/Votes/2021143 315–101]

| passedas2 = Division II of the Consolidated Appropriations Act of 2023

| signedpresident = Joe Biden

| passeddate2 = December 22, 2022

| passedbody2 = Senate

| passedvote2 = [https://www.senate.gov/legislative/LIS/roll_call_votes/vote1172/vote_117_2_00421.htm 68–29]

| agreedvote3 = [https://clerk.house.gov/Votes/2022549 215–201–1]

| agreeddate3 = December 23, 2022

| agreedbody3 = House

| signeddate = December 29, 2022

}}

The Pregnant Workers Fairness Act is a United States law meant to eliminate discrimination and ensure workplace accommodations for workers with known limitations related to pregnancy, childbirth, or a related medical condition.{{Cite news|last1=Gupta|first1=Alisha Haridasani|last2=Petri|first2=Alexandra E.|date=2021-03-04|title=There's a New Pregnancy Discrimination Bill in the House. This Time It Might Pass.|language=en-US|work=The New York Times|url=https://www.nytimes.com/2021/03/04/us/pregnancy-discrimination-congress-women.html|access-date=2021-03-15|issn=0362-4331}} It applies to employers having fifteen or more employees.{{Cite web|url=https://www.jdsupra.com/legalnews/the-federal-government-says-mother-3697943/|title=The Federal Government Says, "Mother Knows Best": Expanded Protections for Pregnant and Nursing Workers Under Federal Law|website=JD Supra}} Originally a stand-alone bill first introduced in 2012, the bill was included as Division II of the Consolidated Appropriations Act, 2023, which was passed by Congress on December 27, 2022, and signed by President Joe Biden on December 29, 2022. The bill went into force on June 27, 2023.

Background

The Pregnant Workers Fairness Act was first introduced in the House of Representatives on May 8, 2012, by Rep. Jerry Nadler (D-NY){{Cite web |title=Pregnant Workers Fairness Act (2012 - H.R. 5647) |url=https://www.govtrack.us/congress/bills/112/hr5647 |access-date=2022-03-29 |website=GovTrack.us |language=en}} following the publication of a January 2012 New York Times op-ed, "Pregnant, and Pushed Out of a Job."{{Citation |title=Democratic Women's Caucus - Democratic Women's Caucus, Reps. Nadler, Scott, McBath Hold Virtual Press Conference Ahead of Vote to Defend Pregnant Workers' Rights {{!}} Facebook |url=https://www.facebook.com/DemWomenCaucus/videos/democratic-womens-caucus-reps-nadler-scott-mcbath-hold-virtual-press-conference-/909577469570357/ |language=en |access-date=2022-05-18}}

In 2014, the Senate Health, Education, Labor, and Pensions Committee held a hearing, "Economic Security for Working Women: A Roundtable Discussion," in which several witnesses discussed the need for the Pregnant Workers Fairness Act.{{Cite web |title=Economic Security for Working Women: A Roundtable Discussion {{!}} The U.S. Senate Committee on Health, Education, Labor & Pensions |url=https://www.help.senate.gov/hearings/economic-security-for-working-women-a-roundtable-discussion |access-date=2022-05-09 |website=www.help.senate.gov |date=20 May 2014 |language=en}} In 2019 the House of Representatives Education & Labor Committee held the first-ever dedicated hearing on the Pregnant Workers Fairness Act entitled "Long Over Due: Exploring the Pregnant Workers Fairness Act." Witnesses included Congressman Jerry Nadler, Michelle Durham, an Alabama mother who was denied pregnancy accommodations, Iris Wilbur, then-Vice President of Greater Louisville Inc., Dina Bakst, Co-Founder & Co-President of A Better Balance, and Ellen McLaughlin, a partner at Seyfarth Shaw LLP.{{Cite web |title=Full Committee Hearings {{!}} Committee Activity {{!}} House Committee on Education and Labor |url=https://edlabor.house.gov/hearings/long-over-due-exploring-the-pregnant-workers-fairness-act-hr-2694 |access-date=2022-05-09 |website=edlabor.house.gov |language=en}}

In September 2020, the bill passed the House of Representatives by a vote of 329–73.{{Cite web |last1=Washington |first1=U. S. Capitol Room H154 |last2=p:225-7000 |first2=DC 20515-6601 |date=2020-09-17 |title=Roll Call 195 Roll Call 195, Bill Number: H. R. 2694, 116th Congress, 2nd Session |url=https://clerk.house.gov/Votes/2020195 |access-date=2022-05-09 |website=Office of the Clerk, U.S. House of Representatives |language=en}} In March 2021, the House of Representatives Education & Labor Committee held a hearing entitled "Fighting for Fairness: Examining Legislation to Confront Workplace Discrimination," with a focus on the Pregnant Workers Fairness Act, among other pieces of workplace legislation.{{Cite web |title=Fighting for Fairness: Examining Legislation to Confront Workplace Discrimination {{!}} House Committee on Education and Labor |url=https://edlabor.house.gov/hearings/fighting-for-fairness-examining-legislation-to-confront-workplace-discrimination |access-date=2022-05-09 |website=edlabor.house.gov |language=en}} In May 2021, the House of Representatives voted to pass the bill by a vote of 315–101.{{Cite web |last1=Washington |first1=U. S. Capitol Room H154 |last2=p:225-7000 |first2=DC 20515-6601 |date=2021-05-14 |title=Roll Call 143 Roll Call 143, Bill Number: H. R. 1065, 117th Congress, 1st Session |url=https://clerk.house.gov/Votes/2021143 |access-date=2022-05-09 |website=Office of the Clerk, U.S. House of Representatives |language=en}} In August 2021, the Senate Health, Education, Labor, and Pensions Committee voted to pass the bill out of Committee by a vote of 19–2.{{Cite web |title=Senate HELP Committee Advances Bipartisan Bills to Improve Suicide Prevention, Protect Pregnant Workers, and Support People with Disabilities {{!}} The U.S. Senate Committee on Health, Education, Labor & Pensions |url=https://www.help.senate.gov/chair/newsroom/press/senate-help-committee-advances-bipartisan-bills-to-improve-suicide-prevention-protect-pregnant-workers-and-support-people-with-disabilities |access-date=2022-05-09 |website=www.help.senate.gov |date=3 August 2021 |language=en}}

The text of the bill was inserted by the Senate into the Consolidated Appropriations Act, 2023, which was passed by Congress on December 27, 2022.

Legislative history

{{as of|2022|12|22}}:

class="wikitable"

!Congress

!Short title

!Bill number(s)

!Date introduced

!Sponsor(s)

!# of cosponsors

!Latest status

rowspan="2" |112th Congress

| rowspan="2" |Pregnant Workers Fairness Act of 2012

|{{USBill|112|hr|5647}}

|May 8, 2012

|Jerry Nadler

(D-NY)

|112

|Died in committee

|August 19, 2012

|Bob Casey Jr.

(D-PA)

|Died in committee

rowspan="2" |113th Congress

| rowspan="2" |Pregnant Workers Fairness Act of 2013

|{{USBill|113|hr|1975}}

|May 14, 2013

|Jerry Nadler

(D-NY)

|142

|Died in committee

|May 14, 2013

|Bob Casey Jr.

(D-PA)

|33

|Died in committee

rowspan="2" |114th Congress

| rowspan="2" |Pregnant Workers Fairness Act of 2015

|{{USBill|114|hr|2654}}

|June 4, 2015

|Jerry Nadler

(D-NY)

|149

|Died in committee

|June 4, 2015

|Bob Casey Jr.

(D-PA)

|31

|Died in committee

rowspan="2" |115th Congress

| rowspan="2" |Pregnant Workers Fairness Act of 2017

|{{USBill|115|hr|2417}}

|May 11, 2017

|Jerry Nadler

(D-NY)

|131

|Died in committee

|May 11, 2017

|Bob Casey Jr.

(D-PA)

|27

|Died in committee

116th Congress

|Pregnant Workers Fairness Act of 2019

|{{USBill|116|hr|1112}}

|May 14, 2019

|Jerry Nadler

(D-NY)

|241

|Passed in the House (329–73). {{Cite web|last=Peck|first=Emily|date=2020-09-17|title=House Passes Key Protections For Pregnant Workers|url=https://www.huffpost.com/entry/house-passes-pregnant-workers-fairness-act_n_5f635795c5b6ba9eb6ea8b6d|access-date=2021-03-18|website=HuffPost|language=en}}

rowspan="2" |117th Congress

| rowspan="2" |Pregnant Workers Fairness Act of 2021

|[https://www.congress.gov/bill/117th-congress/house-bill/1065?q=%7B%22search%22%3A%5B%22Pregnant+Workers+Fairness+Act%22%5D%7D&s=5&r=1 H.R. 1065]

|February 15, 2021

|Jerry Nadler

(D-NY)

|228

|Passed in the House (315–101). {{Cite web|last=Brown|first=Lauren|title=Defined: What is the Pregnant Workers Fairness Act? {{!}} BerniePortal|url=https://blog.bernieportal.com/what-is-the-pregnant-workers-fairness-act|access-date=2021-06-23|website=blog.bernieportal.com|language=en}}

[https://www.congress.gov/bill/117th-congress/senate-bill/1486 S.1486]

|April 29, 2021

|Bob Casey Jr.

(D-PA)

|40

|Referred to the committees of jurisdiction.

Provisions

Specifically, the bill declares that it is an unlawful employment practice to:

fail to make reasonable accommodations to known limitations of certain employees unless the accommodation would impose an undue hardship on an entity's business operation;
require an employee affected by such limitations to accept an accommodation other than any reasonable accommodation arrived at through an interactive process;
deny employment opportunities based on the need of the entity to make such reasonable accommodations to a qualified employee;
require such employees to take paid or unpaid leave if another reasonable accommodation can be provided; or
take adverse action in terms, conditions, or privileges of employment against a qualified employee requesting or using such reasonable accommodations.{{Cite web |last=Nadler |first=Jerrold |date=2021-05-17 |title=H.R.1065 - 117th Congress (2021-2022): Pregnant Workers Fairness Act |url=https://www.congress.gov/bill/117th-congress/house-bill/1065 |access-date=2022-03-29 |website=www.congress.gov}}