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June: Working while pregnant: The Pregnant Workers’ Fairness Act

Written by Sophia Perez

POint of View:
Working in extreme heat is risky for pregnant workers. Advocates say passing the Pregnant Workers Fairness Act could help

Studies have shown that heat exposure can lead to a range of negative health outcomes, including preterm birth, low birth weight, and stillbirth. The COVID-19 pandemic made things much worse for pregnant workers. Women of color disproportionately work in low-wage jobs, like in kitchens or warehouses that might have no air conditioning or poor ventilation. And due to the climate crisis they now have to contend with the rising temperatures when they are back in their homes. Low-income communities of color also face higher exposure to heat in their neighborhoods due to factors like lack of shade and green spaces. A Better Balance, an advocacy organization that aims to improve conditions for caregivers in the workplace, collected similar evidence and testimonies in their fight to pass the Pregnant Workers Fairness Act (PWFA). For pregnant people working in extreme heat, the law would require employers to provide reasonable accommodations for pregnant people, like water breaks or rest breaks, or a temporary change in work duties. In the face of extreme heat and wildfires accelerated by climate change, which will worsen working conditions, advocates are urging Congress to pass it.

Resource:
What You Should Know About the Pregnant Workers Fairness Act

The current legal framework does not support pregnant workers. The Pregnancy Discrimination Act has vague language that makes it hard to enforce and the Americans with Disabilities Act requires workers to prove they need an accommodation. Therefore, discrimination against pregnant workers remains and approximately two-thirds of workers are still losing their accommodations cases and continue to be forced out of work. The Pregnant Workers Fairness Act (PWFA) is a new law that requires private and public sector employers with at least 15 employees, Congress, Federal agencies, employment agencies, and labor organizations to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” This act goes beyond the current legal framework to require accommodations for pregnant workers, andd to ensure that employers develop these accommodations in discussion with the employee, don’t withhold employment due to the need for accommodations, require the employee to take leave if accommodations can be provided, harass the employee, or interfere with their rights. The site links to other laws that protect pregnant and nursing workers. Currently passed by the House in 2021, the PWFA is up for Senate vote in June.

News Story:
“I’m Terrified”: Pregnant Health Care Workers at Risk for Coronavirus Are Being Forced to Keep Working

This article investigates the working conditions of pregnant healthcare employees during the COVID-19 pandemic. It highlights the ethical concerns and risks faced by pregnant healthcare workers who are being forced to work in an environment where they are exposed to the virus, without adequate protective equipment. Despite the growing evidence that pregnant women may be at higher risk of severe illness from COVID-19, many pregnant healthcare workers have been unable to take time off work, either due to lack of accommodation from their employers or because they cannot afford to take unpaid leave. The article also highlights the challenges faced by healthcare workers who are advocating for their rights, such as fear of retaliation or job loss. It calls for more protection and accommodation for pregnant healthcare workers, including access to paid leave and protective equipment, as well as greater recognition of the unique risks they face.

Scientific Publication:
Examining the Effects of Perceived Pregnancy Discrimination on Mother and Baby Health

The researchers aimed to examine how discrimination might affect the health and well-being of the employee and her baby. They used an online survey to examine the role of perceived pregnancy discrimination in the workplace on health outcomes for mothers and their babies via mother’s perceived stress. First, they examined the effects of perceived pregnancy discrimination on mothers’ postpartum depressive symptoms via perceived stress. Second, they replicated and extended their first study and examined the effects of perceived pregnancy discrimination on mothers’ postpartum depressive symptoms and babies’ gestational age, Apgar scores, birth weight, and number of doctors’ visits, through the mechanism of perceived stress. They found that perceived pregnancy discrimination in the workplace was associated with increased perceived stress which was subsequently associated with elevated levels of postpartum depression. Moreover, the mother’s experienced stress led to lower birth weights, lower gestational ages, and an increased number of doctors’ visits for the babies a few weeks after birth. Thus, perceived pregnancy discrimination led to negative health consequences for the mother and the baby.