A brand new federal legislation that prohibits employers from discriminating towards pregnant employees went into impact on Tuesday, extending protections to tens of millions of individuals.
The legislation, known as the Pregnant Employees Equity Act (PWFA), requires companies with 15 or extra staff to supply “cheap lodging” to employees with limitations associated to being pregnant or childbirth — except the lodging is deemed troublesome or costly.
An estimated 2.8 million ladies work whereas pregnant, in response to information from the Nationwide Partnership for Girls and Households. PWFA offers important protections for them, with an emphasis on Black ladies, who’re probably to be employed whereas pregnant.
The PWFA may play out otherwise for every employee, relying on their wants. For instance, a grocery retailer employee could request a stool to take a seat on as an alternative of standing for lengthy hours at a money register. A quick meals employee could request a change in uniform to accommodate maternity pants. A clothes retailer employee could request to hold a bottle of water on the ground.
Different examples embrace longer breaks to relaxation or use the lavatory, later begin occasions to accommodate for morning illness, creating short-term lactation areas, versatile scheduling for prenatal and postpartum appointments, and time without work for childbirth restoration.
In 2015, the Supreme Courtroom dominated in favor of a UPS driver who was denied lodging whereas pregnant.
The PWFA was signed by President Joe Biden in December 2022. The Equal Employment Alternative Fee (EEOC) is answerable for implementing the legislation, together with reviewing instances of discrimination that happen on or after June 27.
“I’m honored to guide the EEOC as we implement a brand new civil rights legislation. For employees and job candidates, the PWFA will assist guarantee financial safety at a vital time of their lives,” EEOC Chair Charlotte A. Burrows mentioned in an announcement.
PWFA comes almost 4 a long time after the Being pregnant Discrimination Act (PDA), which was handed in 1978. The legislation was groundbreaking on the time. It banned hiring, firing, selling, and adjusting pay and different advantages based mostly on an individual’s being pregnant standing.
But, over time, many office wants continued to go unmet, leading to a slew of lawsuits.
In 2015, the Supreme Courtroom dominated in favor of a UPS (United Parcel Service) driver who was denied lodging whereas pregnant. Peggy Younger, the plaintiff in Younger v. UPS, was suggested to carry not more than 20 kilos by her OB/GYN and midwife. She requested a lighter workload however was denied as a result of UPS didn’t give light-duty for being pregnant. Although, they did provide the assignments to injured or disabled employees.
PWFA could present important protections for them, with an emphasis on Black ladies, who’re probably to be employed whereas pregnant.
The Supreme Courtroom sided with Younger, which established a brand new authorized normal — however there was a caveat: a pregnant employee may solely request lodging if they may show a co-worker with an analogous medical situation was accomodated.
The EEOC continued to obtain being pregnant discrimination claims by the 1000’s after Younger’s case. So, organizations like A Higher Stability advocated for a brand new legislation — what grew to become the PWFA — to totally shield pregnant employees.
“The onerous Younger normal didn’t (and couldn’t) skirt the elemental drawback with the PDA: it doesn’t require employers to affirmatively present lodging to pregnant employees no matter how they deal with others,” the non-profit wrote in a latest PWFA report.
An estimated 2.8 million ladies work whereas pregnant, in response to information from the Nationwide Partnership for Girls and Households. PWFA offers important protections for them, with an emphasis on Black ladies, who’re probably to be employed whereas pregnant.
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