Pregnancy and birth can take a serious toll on a woman’s body. Unfortunately, some employers are unsympathetic and hold new and pregnant mothers to the same standards as everyone else—even when those women have valid issues, such as a high risk pregnancy. A new, two-part law now offers them more protections on the job, which stands to improve outcomes and morale.
Passed back in December, the Pregnant Workers Fairness Act now requires employers to provide “reasonable accommodations” to new and pregnant mothers (unless it would cause an “undue hardship” to the company). This might include additional bathroom breaks, stools that allow standing workers a chance to sit down, or simply asking for a bottle of water while on duty. The new law applies to any business with 15 or more employees.
The other element of the law, PUMP for Nursing Mothers Act, expands a mother’s right to have break times and private areas for pumping. This protection, which covers nearly 9 million more breastfeeding moms than previously protected, will ensure moms don’t have to hide in the bathroom for pumping sessions. Some of the newly protected individuals include farm workers, teachers, and registered nurses.
Both aspects of the new law come after more than a decade of fighting for additional protections not covered under the Americans with Disabilities Act.
“At long last, pregnant workers can no longer be forced off the job for needing light duty work or a stool to sit on to maintain a healthy pregnancy,” said Dina Bakst, co-founder and co-president of A Better Balance, a national legal advocacy organization. “Working moms no longer have to fear job loss for needing time off to safely recover from childbirth. No longer will women nationwide face the impossible choice between maintaining a healthy pregnancy and affording food for their families.”
Families like Amanda’s. She was working for an armored truck company during her pregnancy in 2012. She lifted 40-pound bags of coins and money, sometimes two at a time, all day long. During her sixth month of pregnancy, she pulled a muscle in her stomach. Her doctor wrote a note stating that she shouldn’t do anymore heavy lifting. Instead of offering her a different position, such as driving the truck, her employer fired her. Visibly pregnant, she struggled to find another job. She had to go on food stamps just to feed her family.
“I didn’t want what happened to me to happen to any other mom,” said Legros, now a married mother of four living in Rosharon, Texas, and working at a credit union. “If the act was available at the time, this would not have happened to me. I would not have gone through the struggles I did if the protections were there.”
New Law Also Benefits Employers and Economy
Although the new law is designed to protect pregnant and nursing mothers, it also provides a framework for employers, helping them reduce the risk of litigation. They now have some clear guidelines to follow, and an outline of what their obligations are.
“We believe it is going to reduce the chances for that type of litigation and provide clarity to employers about what their obligations are,” Marc Freedman, vice president of workplace policy at the Chamber of Commerce said. “Our expectation is that a high majority of these requests for accommodation will lead to employers and employees finding a way to work things out.”
The economy is also likely to benefit under the new law, as it encourages women to speak up and advocate for their needs without fear of losing their jobs. Making them feel more comfortable and valued increases the likelihood that they’ll continue working throughout their pregnancy, which benefits everyone.
“Keeping women working is good for women, it’s good for businesses, it’s good for the economy,” said Baskt.
