Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act is a landmark statute mandating “reasonable accommodation” of workers’ pregnancy-related needs. The PWFA guarantees the right to accommodations for millions of workers affected by pregnancy, childbirth and related medical conditions—including lactation, miscarriage and postpartum depression.

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

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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

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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.

Making the New Pregnant Workers Fairness Act Work for Women and Families

It was over 10 years ago that I first became aware of an enormous problem affecting my constituents and pregnant workers across the country after reading a 2012 op-ed on pregnancy discrimination in the workplace.

I took action immediately, contacting the author, Dina Bakst, co-founder and co-president of A Better Balance, promising to work together in writing a new piece of legislation to remedy the problem. From there, the Pregnant Workers Fairness Act (PWFA) was born.

Now, there is a critical step remaining. We must ensure our government has the tools it needs to enforce the law to its full extent, so the PWFA’s vital protections are fully available to the pregnant and postpartum workers who are depending on them.

(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 U.S. Democratic Backslide and Gender Equity: Its ‘Own Form of Intersectionality’

“Women’s power as decision makers in the political process does not reflect our numbers or our needs. Who holds legislative or executive office, and whether we do so in critical mass numbers and with agenda-setting authority, obviously matters tremendously to the design, the enactment, the implementation and the enforcement of laws that can help us or harm us. That includes of course the power to select the judges who interpret these laws.”

(This essay is part of Women’s Rights and Backsliding Democracies project—a multimedia project made up of essays, video and podcast programming, presented by Ms., NYU Law’s Birnbaum Women’s Leadership Network and Rewire News Group.)