Pregnant Workers Fairness Act

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Pregnant Workers Fairness Act
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Long titleTo 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.
Announced inthe 117th United States Congress
EffectiveJune 27, 2023
Number of co-sponsors228
Legislative history

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. [1] It applies to employers having fifteen or more employees. [2] 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. [1] The bill went into force on June 27, 2023.

Contents

Background

The Pregnant Workers Fairness Act was first introduced in the House of Representatives on May 8, 2012, by Rep. Jerry Nadler (D-NY) [3] following the publication of a January 2012 New York Times op-ed, "Pregnant, and Pushed Out of a Job." [4]

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. [5] 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. [6]

In September 2020, the bill passed the House of Representatives by a vote of 329–73. [7] 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. [8] In May 2021, the House of Representatives voted to pass the bill by a vote of 315–101. [9] 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. [10]

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 22 December 2022:

CongressShort titleBill number(s)Date introducedSponsor(s)# of cosponsorsLatest status
112th Congress Pregnant Workers Fairness Act of 2012 H.R. 5647 May 8, 2012 Jerry Nadler

(D-NY)

112Died in committee
S. 3565 August 19, 2012 Bob Casey Jr.

(D-PA)

9Died in committee
113th Congress Pregnant Workers Fairness Act of 2013 H.R. 1975 May 14, 2013 Jerry Nadler

(D-NY)

142Died in committee
S. 942 May 14, 2013 Bob Casey Jr.

(D-PA)

33Died in committee
114th Congress Pregnant Workers Fairness Act of 2015 H.R. 2654 June 4, 2015 Jerry Nadler

(D-NY)

149Died in committee
S. 1512 June 4, 2015 Bob Casey Jr.

(D-PA)

31Died in committee
115th Congress Pregnant Workers Fairness Act of 2017 H.R. 2417 May 11, 2017 Jerry Nadler

(D-NY)

131Died in committee
S. 1101 May 11, 2017 Bob Casey Jr.

(D-PA)

27Died in committee
116th Congress Pregnant Workers Fairness Act of 2019 H.R. 1112 May 14, 2019 Jerry Nadler

(D-NY)

241Passed in the House (329–73). [11]
117th Congress Pregnant Workers Fairness Act of 2021 H.R. 1065 February 15, 2021 Jerry Nadler

(D-NY)

228Passed in the House (315–101). [12]
S.1486 April 29, 2021 Bob Casey Jr.

(D-PA)

40Referred to the committees of jurisdiction.

Provisions

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

See also

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References

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  2. "The Federal Government Says, "Mother Knows Best": Expanded Protections for Pregnant and Nursing Workers Under Federal Law". JD Supra.
  3. "Pregnant Workers Fairness Act (2012 - H.R. 5647)". GovTrack.us. Retrieved 2022-03-29.
  4. 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 , retrieved 2022-05-18
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  8. "Fighting for Fairness: Examining Legislation to Confront Workplace Discrimination | House Committee on Education and Labor". edlabor.house.gov. Retrieved 2022-05-09.
  9. Washington, U. S. Capitol Room H154; p:225-7000, DC 20515-6601 (2021-05-14). "Roll Call 143 Roll Call 143, Bill Number: H. R. 1065, 117th Congress, 1st Session". Office of the Clerk, U.S. House of Representatives. Retrieved 2022-05-09.{{cite web}}: CS1 maint: numeric names: authors list (link)
  10. "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". www.help.senate.gov. 3 August 2021. Retrieved 2022-05-09.
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