Pregnant Dockworkers in L.A. and Long Beach Need Better Workplace Protection

Post-Dobbs, the fight for abortion access has rightly dominated headlines. While that’s a fight that’s still being waged, reproductive justice comprises many facets, including the right to healthy, dignified working conditions for those who choose to continue their pregnancies. Even in states with strong protections, like California, the fight is far from over to ensure pregnant workers don’t lose their livelihoods simply for starting a family.

The ILWU relies on the powerful labor movement motto: “An injury to one is an injury to all.” The Pacific Maritime Association boasts, “workplace safety is a key consideration” in its operations. It’s time to make the sentiments behind those declarations a reality for pregnant and parenting workers. 

Keeping Score: More Attacks on Trans Rights; Sexual Assault Should Disqualify Cabinet Nominees, Americans Say; Female Professors Win Lawsuit and Backpay for Pay Disparity

In every issue of Ms., we track research on our progress in the fight for equality, catalogue can’t-miss quotes from feminist voices and keep tabs on the feminist movement’s many milestones. We’re Keeping Score online, too—in this biweekly roundup.

This week: The Supreme Court considers a ban on gender-affirming healthcare for trans teens; data shows crimes in public restrooms and changing rooms are extremely rare, and are not decreased by laws preventing trans people from using public bathrooms; analyzing Trump’s cabinet nominees; midwives say climate change is harming their communities; Nevada maintains a majority woman legislature; criminal justice reform for probation, parole and bail is critical; Arizona moves to end 15-week abortion ban; Sens. Elizabeth Warren and Richard Blumenthal have asked the Biden administration to limit the federal government from deploying troops domestically; and more.

More Than 8,000 Catholic Employers Can Now Deny Workers Time Off for an Abortion or IVF

More than 8,000 Catholic employers across the country will not be required to provide accommodations for workers needing abortion or fertility care following a ruling in North Dakota. An estimated 162,000 workers are on these health plans.

Abortion access, IVF treatment and gender-affirming care have all become major talking points in an election that may be defined by them. Vice President Kamala Harris, who supports all three, has been critical of Trump’s stance on abortion and IVF in particular.

Pregnant and Finally Protected

A Better Balance released a new report, “Pregnant and Finally Protected,” detailing how the Pregnant Workers Fairness Act has shifted the paradigm and finally put the law squarely on the side of pregnant workers. Similar to the ADA, the PWFA guarantees an affirmative right to accommodations for millions of workers affected by pregnancy, childbirth and related medical conditions. No longer can a pregnant worker be forced off the job when a temporary accommodation can keep them healthy and attached to the workforce.

Final ‘Pregnant Workers Fairness Act’ Regulations Were Released—And It’s Great News for Women

The U.S. Equal Employment Opportunity Commission (EEOC) released its final regulations implementing the Pregnant Workers Fairness Act (PWFA). The landmark statute mandating “reasonable accommodation” of workers’ pregnancy-related needs went into effect last summer, but the regulations explain the PWFA’s protections in more detail, providing additional guidance to workers, employers, and the courts so that the full force of the law is given effect. 

The Best and Worst States for Family Care Policies

In 2021, the Century Foundation published its first care policy report card, “Care Matters,” which graded each state on a number of supportive family policies and worker rights and protections, such as paid sick and paid family leave, pregnant worker fairness, and the domestic worker bill of rights. The 2021 report card revealed the tremendous gaps in state care policies and a fragmented and insufficient system of care workers and families in most states.

This year’s update, co-authored with Caring Across Generations, takes another look at how states are doing.

How Blocking the Pregnant Workers Fairness Act Is Part of Texas’ Anti-Trans Agenda

The Pregnant Workers Fairness Act’s gender-inclusive language—in notable contrast to the Pregnancy Discrimination Act of 1978—marks a crucial step towards ensuring equitable treatment and access to accommodations. Without adequate protections, Texas employers could resist making accommodations for people such as pregnant trans men by arguing that it does not apply to them on the account that the Pregnancy Discrimination Act refers specifically to “women”.

Texas has already made clear that trans and gender diverse employees will not be protected in the workplace, when a judge ruled that employers need not protect trans workers from discrimination based on dress, pronoun, and bathroom usage. The Texas legislature’s obstruction of the PWFA serves as a stark reminder of the tangled web woven by the state’s pro-business stance and its vehemently anti-trans agenda.

Now, as we navigate the treacherous terrain of a post-Dobbs landscape, the plight of transgender pregnant individuals in Texas grows increasingly dire, underscoring the urgent need for comprehensive protections and support.

Women Deserve Our ‘Menopause Moonshot.’ U.S. Policy Can Help.

Menopause is having its moment, so say daily news headlines. A new essay series in the medical journal The Lancet, published to coincide with International Women’s Day, argues all that hype—combined with “over-medicalization” and reliance on menopausal hormone therapy—harms women by framing menopause as a disease. But, in fact, the real disservice to women is the lack of consideration of menopause in the halls of government.

If we truly want to rise to the so-called moment for menopause, here is a policy agenda that can best serve us.

Federal Judge Rules Against Pregnant Workers in Texas

Texas AG Ken Paxton sued the Biden administration last year over a government funding package that passed largely by proxy votes because of the COVID-19 pandemic. The funding package, passed in December 2022, included the Pregnant Workers Fairness Act, which protects accommodations for pregnant employees and allows workers to sue employers for failing to do so.

Paxton argued the Constitution requires a physical majority of members to pass legislation. Since a majority voted on the funding package by proxy, Paxton said it was unenforceable. Judge James Wesley Hendrix of the Northern District of Texas agreed with Paxton’s understanding of a quorum—ruling the Pregnant Workers Fairness Act unenforceable against the state government and its agencies.