Joe Courtney

05/14/2021 | Press release | Archived content

Courtney Helps Pass Bipartisan Pregnant Workers Fairness Act

WASHINGTON, DC-Today, Congressman Joe Courtney (CT-02) voted to pass the Pregnant Workers Fairness Act (H.R. 1065), a bipartisan bill that would establish a pregnant worker's right to reasonable workplace accommodations. H.R. 1065 would require private sector employers with more than fifteen employees and public sector employers to make reasonable accommodations forjob applicants and workers with known limitations due to pregnancy, childbirth or related conditions so that no American worker has to choose between financial security and a healthy pregnancy. Rep. Courtney is a co-sponsor of H.R. 1065, and as a senior Member of the House Education and Labor Committee-which has jurisdiction over the bill-worked with his colleagues to pass the bill out of committee and towards today's final vote. The House voted to pass the Pregnant Workers Fairness Act today on a bipartisan basis by a vote of 315-101.

'Congress needs to focus on working across the aisle to strengthen America's workforce, and today I was glad we came together to pass the bipartisan Pregnant Workers Fairness Act,' said Congressman Courtney. 'According to the most recent data, nearly ninety percent of first-time mothers in the U.S. worked during their last trimester, and over sixty percent of workers say they've witnessed pregnancy discrimination on the job. Protecting working moms and growing families isn't a partisan issue-people shouldn't have to choose between their family's financial security and a healthy pregnancy, especially not while we're working so hard to get our economy and our lives back on track. Our bipartisan bill would finally establish the right to reasonable accommodations forpregnant workers, and would do so in a way that's flexible and reasonable foremployers. The new Senate majority has a chance to help us get the job done this year, and they should take our bipartisan bill up fora vote immediately.'

Women are the primary, sole, or co- breadwinners in more than half of American households, and a growing number of pregnant workers are working later into their pregnancies to maintain their family's financial security. According to the most recent census data, 88% of mothers worked during their last trimester.

Although the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA) provide some protections forpregnant workers, there is currently no federal law that explicitly and affirmatively guarantees all pregnant workers the right to a reasonable accommodation so that they can continue working without jeopardizing their pregnancy.

The Pregnant Workers Fairness Act would establish that:

  • Private sector employers with more than 15 employees, as well as public sector employers, must make reasonable accommodations forpregnant workers (employees and job applicants with known limitations related to pregnancy, childbirth, or related medical conditions). Similar to the ADA, employers are not required to make an accommodation if it imposes an undue hardship on an employer's business;
  • Pregnant workers cannot be denied employment opportunities, retaliated against forrequesting a reasonable accommodation, or forced take paid or unpaid leave if another reasonable accommodation is available;
  • Workers denied a reasonable accommodation under the Pregnant Workers Fairness Act will have the same rights and remedies as those established under Title VII of the Civil Rights Act of 1964. These include lost pay, compensatory damages, and reasonable attorneys' fees. Public sector employees have similar relief available under the Congressional Accountability Act, Title V of the United States Code, and the Government Employee Rights Act of 1991.

The Pregnant Workers Fairness Act has broad support from organizations representing American workers, civil rights groups, and from the business community, including the U.S. Chamber of Commerce. In a recent survey of voters across the country, 89 percent of voters support the Pregnant Workers Fairness Act, including 69 percent who strongly favor it. The survey found that the bill enjoys bipartisan support, including 81 percent of Republicans, 86 percent of Independents, and 96 percent of Democrats.

Fora fact sheet on H.R. 1065, click here.

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