The Pregnant Workers Fairness Act Is Key to Improving Black Maternal Health and Families’ Economic Security

The enactment of the Pregnant Workers Fairness Act (PWFA) marked a pivotal advance in safeguarding the health and economic security of Black mothers and their families. Black women are disproportionately represented in low-wage, physically demanding jobs where workplace accommodations are often necessary but frequently unavailable.

The PWFA is crucial in combating the maternal morbidity and mortality crisis in the U.S., where pregnancy-related mortality rates among Black women are over three times higher than those for white women.

(This essay is a part of Ms. and A Better Balance’s Women & Democracy installment, all about the Pregnant Workers Fairness Act—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 Pregnant Workers Fairness Act Saved My Livelihood. Women Nationwide Need to Know About This Important Law.

When I was pregnant and working as a custodian in South Carolina, my employer sent me home after I asked for some simple changes to protect my health. Since my requests were so simple, I wasn’t expecting my employer to tell me to stop working. I was blindsided, made to feel like I was the one who did something wrong.

Looking for answers, I came across A Better Balance’s free legal helpline. They told me about a new law called the Pregnant Workers Fairness Act (PWFA), which required that workers in my situation receive accommodations—including changes to their usual work duties—to stay healthy and on the job. I returned to work with the adjustments I needed, and worked right up until I had my baby. On top of this, my employer put up posters—one by every time clock—about the PWFA, so that other workers who might need pregnancy accommodations would know about it.

(This essay is a part of Ms. and A Better Balance’s Women & Democracy installment, all about the Pregnant Workers Fairness Act—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.)

Winning the Pregnant Workers Fairness Act: A Landmark Victory for Women, Families and Democracy

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. 

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.

(This essay is a part of Ms. and A Better Balance’s Women & Democracy installment, all about the Pregnant Workers Fairness Act—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.)

Four Things You Should Know About the Pregnant Workers Fairness Act

At a time when civil and reproductive rights are under constant attack, there remains at least one bright light: the Pregnant Workers Fairness Act (PWFA), a relatively new law that grants landmark protections to pregnant and postpartum individuals in the workplace. The PWFA offers protections of which everyone should be aware, especially those who are or ever plan to become pregnant.  

Here are four need-to-know elements of the law.

(This essay is a part of Ms. and A Better Balance’s Women & Democracy installment, all about the Pregnant Workers Fairness Act—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.)

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.