The Pregnant Workers Fairness Act, Long Overdue, is Close to the Finish Line

Currently, pregnant workers in much of the U.S. are not guaranteed even basic workplace accommodations such as the ability to sit rather than stand while working, drink water throughout the workday, or take additional bathroom breaks. While the Americans with Disabilities Act assures accommodations to workers with pregnancy-related disabilities, pregnancy itself does not qualify a worker for those protections.

A 2015 Supreme Court decision extended the Pregnancy Discrimination Act of 1978, which outlaws workplace discrimination against women based on pregnancy, childbirth, or related medical conditions, to require employers to make reasonable accommodations for pregnant workers. However, under that decision, pregnant workers are only guaranteed accommodations if they can prove their employer provides similar accommodations to non-pregnant workers.

Moreover, the 2015 ruling has been applied inconsistently, and a 2019 review of pregnancy accommodation cases found that “over two-thirds of courts held employers were not obligated to accommodate pregnant workers under the Pregnancy Discrimination Act.” Not surprisingly, despite declining female labor force participation, federal pregnancy discrimination lawsuits have been on the rise since at least 2016.

The PWFA would require companies with at least 15 employees to provide reasonable workplace accommodations to those affected by pregnancy, childbirth, or related medical conditions. It would prohibit employers from requiring employees to take leave if an alternative accommodation is possible, denying employment opportunities based on an employee’s or job candidate’s need for reasonable accommodations, or retaliating against employees requesting or using such accommodations. The bill would also require an employer to develop the accommodations collaboratively with the employee.

Reasonable accommodations can support a healthy pregnancy, a steady income, and employment after giving birth. These benefits accrue to both employee and employer, with a significant majority of employers providing accommodations reporting higher retention and employee productivity. Moreover, the current legal inconsistency poses a significant challenge to employers who simply want clear guidance on how to meet their employees’ needs while abiding by laws at all levels of government.

Currently, around half the states in the country guarantee pregnant workers the right to workplace accommodations. In addition to leaving behind workers who don’t live or work in those states, the resulting patchwork of rules and regulations can be difficult for employers to navigate—particularly those that operate in multiple states. The PWFA would guarantee most pregnant workers the accommodations they need and resolve these legal inconsistencies nationwide.

Moreover, the costs of guaranteeing these accommodations are very low. The Congressional Budget Office (CBO) estimates the bill would increase federal costs by around $5 million over four years, as the Equal Employment Opportunity Commission (EEOC) would need to hire additional employees to handle an increase in discrimination claims. These costs amount to an annual increase of just three-tenths of one percent of EEOC’s fiscal year 2021 budget, and by 2026, CBO anticipates employers will have adjusted to the new regulations, reducing EEOC’s costs back to pre-PWFA levels.

Having a child while building a rewarding career can be a difficult balancing act. The PWFA would allow women and families to remain healthy and financially secure while providing much needed certainty to employers and employees alike. The time is right for this sensible, necessary, and bipartisan legislation to become law.