The decade-long fight to pass the PWFA proves that democracy works when people organize, persist and demand change.
This essay is a part of our latest installment of Women & Democracy all about the Pregnant Workers Fairness Act (PWFA)—a groundbreaking civil rights law ensuring pregnant and postpartum workers have the right to reasonable workplace accommodations. Bipartisan, pro-family and boldly feminist, the PWFA is both a lesson in democracy and a battleground for its defense against antidemocratic attacks. The multimedia project, “The Pregnant Workers Fairness Act Is Essential to Democracy,” was produced in partnership with A Better Balance and explores the decade-long fight for the law’s passage, its impact—particularly on women in low-wage jobs and women of color—and the legal and organizing strategies shaping its future.
The passage of the Pregnant Workers Fairness Act (PWFA) on Dec. 23, 2022, marked a historic civil rights victory more than a decade in the making.
Prior to the PWFA, pregnant and postpartum workers—particularly women in low-wage, inflexible and physically demanding jobs, disproportionately women of color—faced discrimination and unfair treatment at work due to a pernicious gap in civil rights protections. Neither the Pregnancy Discrimination Act nor the Americans with Disabilities Act affords them—unlike workers with disabilities—an explicit right to reasonable accommodations for pregnancy-related medical needs, such as light-duty work, flexible scheduling or time off to recover from childbirth. As a result, they were routinely fired or forced out instead of being granted temporary modifications that would allow them to protect their health and keep their jobs. The PWFA closed this gap, extending crucial new protections to millions of workers during pregnancy and immediately after childbirth.
The core principle behind this landmark legislation is simple (as I argued in The New York Times over a decade ago, an op-ed which ultimately led to the bill’s introduction): No woman in this country should have to choose between her job and a healthy pregnancy. However, passage of any legislation, let alone a significant civil rights law in a deeply partisan and divided Congress, was no easy feat. As A Better Balance details in “Winning the PWFA,” achieving success took years of strategic advocacy, sustained pressure and coalition-building.
On a broader level, the PWFA fight shows how sustained civic engagement and movement-building can transform foundational principles into tangible change. At its core, the PWFA passed because Congress responded directly to the urgent needs and demands of the American people.
Among the collateral amassed: reports, op-eds, media, public briefings and rallies, all shining a light on the devastating economic consequences faced by pregnant workers forced out of their jobs. Women like Armanda Legros from New York, Natasha Jackson from South Carolina, Lyndi Trischler from Kentucky, and Denizer Carter from Louisiana shared harrowing stories of becoming food insecure, homeless or risking their health simply because employers refused to accommodate them.
While several Democratic members of Congress were early champions of the PWFA, building sufficient bipartisan support took nearly a decade. When we finally secured the votes to pass the PWFA in the Senate—and its leadership wouldn’t bring it to the floor—brave mothers participated in a powerful New York Times ad and were joined by allies for a rally in D.C., spearheaded by A Better Balance to demand a vote. Refusing to take “no” for an answer—this is what democracy looks like!
Their voices were amplified by powerful legal research and policy data. Long Overdue, a report by A Better Balance showing that over two-thirds of courts had ruled that employers were not required to accommodate pregnant workers under the Pregnancy Discrimination Act (PDA), was featured in my Congressional testimony a few months later, reigniting political momentum.
The eventual passage of the PWFA revealed important lessons about democracy:
Democracy thrives when it is inclusive and collaborative.
Beginning in 2012 in New York, a diverse set of leaders and organizations worked to secure similar protections at the state and municipal levels. Many of these groups also played an important role in the federal campaign, which included hundreds of labor unions, civil rights organizations, maternal health groups, faith-based communities and business associations from across the country (including the U.S. Chamber of Commerce, which became a key ally in pushing the bill’s passage).
Democracy also thrives when individuals are empowered to exercise their rights freely and support others in their communities.
Organizing that fosters participation and inclusivity strengthens the democratic process by ensuring that all voices—especially those from marginalized communities—are heard and respected. After the PWFA took effect in June 2023, this principle became a living reality. In its first year, we saw workers confidently advocate for and secure the accommodations they needed, with many also inspiring their friends and neighbors to do the same.
The passage of the PWFA delivered long overdue fairness, dignity and equality to millions of pregnant and postpartum workers. Enforcing and defending this crucial, bipartisan legislation—an embodiment of democracy at its best, and currently under attack—must remain a top priority for those who are committed to preserving democratic values in the years ahead.
