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Pathway to Progress: The Pregnancy Discrimination Act of 1978

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History has long been portrayed as a series of “great men” taking great action to shape the world we live in. In recent decades, however, social historians have focused more on looking at history “from the bottom up,” studying the vital role that working people played in our heritage. Working people built, and continue to build, the United States. In our new series, Pathway to Progress, we’ll take a look at various people, places and events where working people played a key role in the progress our country has made, including those who are making history right now. Today’s topic is the Pregnancy Discrimination Act (PDA) of 1978.

In the late 1970s, conditions in the United States were ripe for positive change for working families. Jimmy Carter and a pro-union majority in Congress were pushed by active and organized civil rights and women’s movements. Labor unions were ready to push for change.

In 1976, the Supreme Court ruled in General Electric v. Gilbert that employers could refuse benefits to pregnant women. The case was brought by the International Union of Electrical Radio and Machine Workers and after the court ruled against them, unions were inspired to fight harder. At the 1977 convention of the UAW a resolution declaring that “women’s issues are also UAW issues” and pushing for stronger benefits related to affirmative action, child care and maternity. A special emphasis was placed on protecting the rights of pregnant workers. The UAW, AFL-CIO, Communications Workers of America (CWA) and the Women’s Law Project joined with other unions, civil rights organizations and women’s right’s groups in order to secure passage of Pregnancy Discrimination Act, which passed in 1978. 

After passage, it was important to get employers to actually respect the law’s provisions. Unions had the built-in infrastructure to reach the on-the-ground worksites across the country. The first step was for unions to begin including the protections of the PDA into collective bargaining agreements. This included member and employer education, the remedying violations through grievance procedures and other measures. UAW negotiated with the Big Three automakers in order to secure these benefits and others. Once the Big Three were on board, the changes began to spread to other companies in the industry and beyond.

When the PDA passed, it essentially gave pregnant workers the same rights and benefits as workers with disabilities. Unions made sure that collective bargaining agreements reflected this. That meant that workers got access to paid sick leave and insurance and the option to lighter-duty work. These benefits were scarce at nonunion worksites, except that, no matter where one works, they could no longer be fired for pregnancy. Workers and nonunion workplaces attempted to get the measures of the PDA implemented, but often faced resistance from local management, who clung to stereotypes about women workers and pregnant women.

The UAW and other unions used internal communications, workshops and labor education programs to teach union leaders and shop stewards about the law and its ability to protect working women. Across the country, people were trained to take on the cause of their pregnant colleagues, stand up to management and pursue grievances or strikes to establish the rights included in the law.

The Coalition of Labor Union Women (CLUW), which formed in 1974, had included the PDA as one of its goals from inception. CLUW members came together to figure out how to convince male union leaders to support the law. This effort was instrumental in pushing back against challenges against the law both from within the labor movement and without.

In her summary of union efforts in support of the passage and implementation of the PDA, author Judith A. Scott said that the story of the passage of the PDA “is the story of how the empowerment of working women and collective action were crucial to improving workplace culture and practices for pregnant workers…and why those same factors are necessary today if we are to dramatically better the lives of working women. Through their unions, women workers can assert collective strength to win workplace improvements at the bargaining table and in the legislative arena through effective political campaigning.”

Source: “Why a Union Voice Makes a Real Difference for Women Workers: Then and Now,” by Judith A. Scott.

This blog originally appeared at AFL-CIOon April 15, 2021. Reprinted with permission.

About the Author: Kenneth Quinnell  is a long-time blogger, campaign staffer and political activist whose writings have appeared on AFL-CIO, Daily Kos, Alternet, the Guardian Online, Media Matters for America, Think Progress, Campaign for America’s Future and elsewhere.


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Pregnancy discrimination bill is finally getting its chance in Congress

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The House is expected to take an important vote on Thursday, moving forward with the Pregnant Workers Fairness Act. This legislation has been around for years and 30 states and the District of Columbia now have protections for pregnant workers stronger than what you’ll find in the federal Pregnancy Discrimination Act, which dates to 1978.

That patchwork of state laws is one reason some big corporations are lining up in support of the Pregnant Workers Fairness Act this time around. In fact, the U.S. Chamber of Commerce is even supporting it. 

The National Women’s Law Center makes an extended case that accommodating pregnant workers is good for business, citing the need for a clear national standard that lets employers know what they should be doing for pregnant employees, but also highlighting employee recruiting and retention benefits, increased productivity, and more benefits that businesses get from having healthy employees who feel valued.

“When employers are unsure whether they are obliged to provide accommodations, it can lead to the loss of valuable employees and lengthy legal disputes. While many large companies have their own policies around pregnancy accommodations that encourage employee retention, small and midsize businesses often lack the human resources departments and in-house counsel needed to traverse the complexities of these situations,” the Greater Louisville Chamber of Commerce’s Iris Wilbur Glick wrote in the Courier-Journal. “The Pregnant Workers Fairness Act will provide clarity to all parties, ensuring any disputes can be resolved quickly and fairly while helping businesses avoid costly litigation. The law clearly lays out the path for dialogue between employer and employee in which both are working towards the same goal: ensuring an employee can continue working safely during pregnancy.”

Cutting down on pregnancy discrimination will hugely benefit women who too often have been fired on the thinnest excuses or given the choice between risking their health and paying their bills. Forcing women into that unacceptable choice is especially problematic given racial disparities in maternal mortality, preterm birth, and low birth weight. Too often the women who have jobs that won’t accommodate them are also Black women at elevated risk of all pregnancy complications.

The Pregnant Workers Fairness Act should pass the House on a bipartisan basis and sail through the Senate. As we know when Republicans—and especially Senate Majority Leader Mitch McConnell—are in control of anything, though, “should” doesn’t go very far. 

This blog was originally published at DailyKos on September 17, 2020. Reprinted with permission.

About the Author: Laura Clawson is labor editor at Daily Kos.


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Pregnant Workers Fairness Act takes a step forward in the House, this week in the war on workers

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The Pregnant Workers Fairness Act took a step toward a full House vote on Wednesday when it passed in the House Committee on Education and Labor. “The federal Pregnant Workers Fairness Act (PWFA) would explicitly require employers to make reasonable accommodations for women with pregnancy-related limitations absent undue hardship to the employer—the same familiar process in place for workers with disabilities under the ADA,” A Better Balance co-president Dina Bakst explained in The Hill.

The good news is that 27 states have passed similar laws to this one that is unlikely to get a vote in Mitch McConnell’s Senate. The bad news (aside from the final clause in that previous sentence) is that in other states, women continue to be forced between their jobs and a healthy pregnancy. CBS News reported on some typical cases: a paramedic whose ambulance company employer refused to transfer her to a desk job, even though there were some available; and an airport passenger services agent who had to go to the ER after she was pulled onto a luggage belt while moving a suitcase, and whose employer similarly refused to reassign her.

These are not isolated experiences. According to an ACLU attorney, “Roughly a quarter of a million women a year don’t get the accommodations they need to keep working.”

Congress needs to pass—and some president needs to sign—the Pregnant Workers Fairness Act.

This article was originally published at Daily Kos on January 18, 2020. Reprinted with permission.

About the Author: Laura Clawson is a Daily Kos contributor at Daily Kos editor since December 2006. Full-time staff since 2011, currently assistant managing editor.

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Why Workers Like Victoria Need The PRO Act Now

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Those bundles of joy cost bundles of money, so Victoria Whipple, a quality control worker at Kumho Tire in Macon, Ga., had been working overtime to get ready for her new arrival.

She also got involved in union organizing at the plant, and management decided to teach her a lesson. It didn’t matter that Victoria had seven kids ranging in age from 10 to 1. Or that she was eight months pregnant. Those things just made her a more appealing target.

On Sept. 6, the day Kumho workers wrapped up an election in which they voted to join the United Steelworkers (USW), managers pulled Victoria off the plant floor and suspended her indefinitely without pay solely because she was supporting the union. In a heartbeat, her income was gone.

“It kind of stressed me out because of the bills,” she explained.

What happened to Victoria happens all the time. Employers face no real financial penalties for breaking federal labor law by retaliating against workers during a union organizing campaign. So they feel free to suspend, fire or threaten anyone they want. Workers are fired in one of every three organizing efforts nationwide, and the recent election at Kumho was held only because the company harassed workers before the initial vote two years ago.

Legislation now before Congress—the Protecting the Right to Organize (PRO) Act—would curtail this rampant abuse.

The PRO Act would fine employers up to $50,000 for retaliating against workers during organizing campaigns. It would require the National Labor Relations Board to go to court to seek reinstatement of workers who are fired or face serious financial harm because of retaliation, and it would give workers the right to file lawsuits and seek damages on their own.

The House Committee on Education and Labor has taken up the PRO Act, and it’s important that members of Congress understand exactly what’s at stake: families like Victoria’s that might be only a couple of missed paychecks away from financial ruin.

They can’t afford to be pawns in a company’s sordid union-busting campaign.

Victoria began working at Kumho a year and a half ago, after being laid off from her dispatching job at a distribution center. Her husband, Tavaris Taylor, recently started an over-the-road trucking job. They didn’t have much of a financial cushion for emergencies, and the suspension put their backs against the wall.

Instead of focusing on her family in the final weeks of her pregnancy, Victoria had to worry about money. It wasn’t healthy for her or her unborn child. And it wasn’t right.

When Victoria’s eldest child asked why she wasn’t going to work anymore, she just said she needed some time off. It would be wrong to burden a 10-year-old with the truth.

Victoria began borrowing gas money from her mom. She cut back her spending. She prioritized the bills and paid only those—rent, electricity and so on—that she considered absolutely essential.

She kept going to her doctor appointments, hoping the company’s insurance still covered her or that Medicaid would kick in if it didn’t. Victoria qualifies for Medicaid even though she works full time. The need for better pay is just one reason Kumho workers voted to join the USW.

But Victoria’s main concern was giving workers a bigger voice in the workplace. She went to a union meeting and thought: “Maybe representation would help.”

That’s how she became a union supporter—and got crossways with a company that couldn’t care less about its workers, their families or federal labor law.

Victoria didn’t know how long her suspension would last or if management’s next step would be to fire her. That would be Kumho’s kind of baby gift.

Then, out of the blue last week, a manager called Victoria and told her to return to work. On Friday, her first day back after two weeks without pay, managers had the brass to ask her if she understood why she had been suspended.

Yeah, she understood all right.

Companies will do almost anything these days—even suspend a pregnant woman and escort her from the premises—to keep out unions and hold down workers. That’s especially true of Kumho. Its egregious union-busting activities derailed workers’ attempt to join the USW two years ago.

Back then, Kumho threatened union supporters’ jobs, interrogated employees about their union allegiance, threatened to shut down the plant if the union was voted in and made workers think they were being spied on. The conduct was so extraordinarily bad that an NLRB administrative law judge ordered Kumho to assemble the workers and read a statement outlining the many ways in which it had violated their rights and federal labor law.

The NLRB also ordered this month’s election, in which workers voted 141 to 137 to join the USW. Thirteen challenged ballots will be addressed at an upcoming hearing.

The mistreatment of Victoria shows that Kumho hasn’t changed its ways over the past two years. Unfortunately, employers have no incentive right now to follow the law.

The PRO Act would help to level the playing field. Besides fining companies for retaliation and giving workers the right to sue, the legislation would prohibit employers from holding mandatory anti-union presentations like the “town hall” meetings Kumho forced Victoria and her co-workers to attend. Employers conduct the meetings to bully employees into voting against a union.

The legislation also would provide new protections once workers voted for representation. For example, if a company dragged its feet during bargaining for a first contract, a regular ploy to lower worker morale, mediation and arbitration could be used to speed the process along. And the PRO Act would prohibit employers from hiring permanent replacements for striking workers.

Members of Congress need to understand something. Workers aren’t looking to pick fights with their employers. They just want to do their jobs well, work in safe environments and earn enough money to care for their families. And some companies work productively with unions, including the USW, to improve working conditions and product quality.

But employers like Kumho too often exploit their employees and resist any effort that workers make to improve their lot. When that happens, workers like Victoria will stand their ground. Now more than ever, they need the protections of the PRO Act backing them up.

This blog was originally published by AFL-CIO on October 8, 2019. Reprinted with permission. 

About the Author: Tom Conway is international president of the United Steelworkers (USW).


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Far-right effort to smear Elizabeth Warren flops. Turns out pregnancy discrimination is a thing

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Elizabeth Warren and the entire history of women’s employment in the 1970s are swatting away a claim by a far-right website disputing Warren’s story of losing her first teaching job because she was visibly pregnant at the end of her first year. The Free Beacon found documents claiming that Warren was offered a second-year teaching contract but resigned. However, there are a lot more documents showing that it was absolutely standard for women to lose teaching jobs because they were pregnant, and Twitter was quick to bring those receipts.

The key rebuttal to the claim that Warren wasn’t really forced out in 1971? A 1972 news story from New Jersey, the state where Warren was teaching, reporting that “Pregnant teachers can no longer be automatically forced out of New Jersey’s classrooms.” To repeat, “automatically forced out.” But many other headlines prove just how standard that was, as historian Joshua Zeitz shows.

Warren herself had a typically straightforward, non-defensive response:

She told CBS News that, as the documents Free Beacon found indicate, she had initially been offered a second-year teaching contract. But that’s not the whole story, she said: “I was pregnant, but nobody knew it. And then a couple of months later when I was six months pregnant and it was pretty obvious, the principal called me in, wished me luck, and said he was going to hire someone else for the job.”

Other people who taught in the same New Jersey district at the time didn’t remember Warren’s specific case, but did confirm the policy. “The rule was at five months you had to leave when you were pregnant. Now, if you didn’t tell anybody you were pregnant, and they didn’t know, you could fudge it and try to stay on a little bit longer,” retired teacher Trudy Randall said. “But they kind of wanted you out if you were pregnant.”

Not only did women routinely lose their jobs for being pregnant in the 1970s, when it was legal to fire them for that reason, but women continue to lose their jobs for being pregnant, even though there are now technically some legal protections for pregnant women. The Free Beacon thinking it had a giant gotcha here shows how out of touch these people are with the reality American women are still living with now, let alone what they lived with in the 1970s.

This article was originally published at Daily Kos on October 8, 2019. Reprinted with permission.

About the Author: Laura Clawson is a Daily Kos contributor at Daily Kos editor since December 2006. Full-time staff since 2011, currently assistant managing editor.

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A Pregnant Target

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Those bundles of joy cost bundles of money, so Victoria Whipple, a quality control worker at Kumho Tire in Macon, Georgia, had been working overtime to get ready for her new arrival.

She also got involved in union organizing at the plant, and management decided to teach her a lesson. It didn’t matter that Victoria had seven kids ranging in age from 10 to 1. Or that she was eight months pregnant. Those things just made her a more appealing target.

On Sept. 6, the day Kumho Tire workers wrapped up an election in which they voted to join the United Steelworkers (USW), managers pulled Victoria off the plant floor and suspended her indefinitely without pay, solely because she was supporting the union. In a heartbeat, her income was gone.

“It kind of stressed me out because of the bills,” she explained.

What happened to Victoria happens all the time. Employers face no real financial penalties for breaking federal labor law by retaliating against workers during a union organizing campaign. So they feel free to suspend, fire or threaten anyone they want. Workers are fired in one of every three organizing efforts nationwide, and the recent election at Kumho Tire was held only because the company harassed workers before the initial vote two years ago.

Legislation now before Congress—the Protecting the Right to Organize (PRO) Act—would curtail this rampant abuse.

The PRO Act would fine employers up to $50,000 for retaliating against workers during organizing campaigns. It would require the National Labor Relations Board (NLRB) to go to court to seek reinstatement of workers who are fired or face serious financial harm because of retaliation, and it would give workers the right to file lawsuits and seek damages on their own.

It’s important that members of Congress understand exactly what’s at stake: Families like Victoria’s that might be only a couple of missed paychecks away from financial ruin.

They can’t afford to be pawns in a company’s sordid union-busting campaign.

Victoria began working at Kumho Tire a year and a half ago, after being laid off from her dispatching job at a distribution center. Her husband, Tavaris Taylor, recently started an over-the-road trucking job. They didn’t have much of a financial cushion for emergencies, and the suspension put their backs against the wall.

Instead of focusing on her family in the final weeks of her pregnancy, Victoria had to worry about money. It wasn’t healthy for her or her unborn child. And it wasn’t right.

When Victoria’s eldest child asked why she wasn’t going to work anymore, she just said she needed some time off. It would be wrong to burden a 10-year-old with the truth.

Victoria began borrowing gas money from her mom. She cut back her spending. She prioritized the bills and paid only those—rent, electricity and so on—that she considered absolutely essential.

She kept going to her doctor appointments, hoping the company’s insurance still covered her or that Medicaid would kick in if it didn’t. Victoria qualifies for Medicaid even though she works full time. The need for better pay is just one reason Kumho Tire workers voted to join the USW.

But Victoria’s main concern was giving workers a bigger voice in the workplace. She went to a union meeting and thought: “Maybe representation would help.”

That’s how she became a union supporter—and got crossways with a company that couldn’t care less about its workers, their families or federal labor law.

Victoria didn’t know how long her suspension would last or if management’s next step would be to fire her. That would be Kumho Tire’s kind of baby gift.

Then, out of the blue last week, a manager called Victoria and told her to return to work.  On Friday, her first day back after two weeks without pay, managers had the brass to ask her if she understood why she had been suspended.

Yeah, she understood all right.

Companies will do almost anything these days—even suspend a pregnant woman and escort her from the premises—to keep out unions and hold down workers. That’s especially true of Kumho Tire. Its egregious union-busting activities derailed workers’ attempt to join the USW two years ago.

Back then, Kumho Tire threatened union supporters’ jobs, interrogated employees about their union allegiance, threatened to shut down the plant if the union was voted in and made workers think they were being spied on. The conduct was so extraordinarily bad that an NLRB administrative law judge ordered Kumho Tire to assemble the workers and read a statement outlining the many ways in which it had violated their rights and federal labor law.

The NLRB also ordered this month’s election, in which workers voted 141 to 137 to join the USW. Thirteen challenged ballots will be addressed at an upcoming hearing.

The mistreatment of Victoria shows that Kumho Tire hasn’t changed its ways over the past two years. Unfortunately, employers have no incentive right now to follow the law.

The PRO Act would help to level the playing field. Besides fining companies for retaliation and giving workers the right to sue, the legislation would prohibit employers from holding mandatory anti-union presentations like the “town hall” meetings Kumho Tire forced Victoria and her co-workers to attend. Employers conduct the meetings to bully employees into voting against a union.

The legislation also would provide new protections once workers voted for representation. For example, if a company dragged its feet during bargaining for a first contract, a regular ploy to lower worker morale, mediation and arbitration could be used to speed the process along. And the PRO Act would prohibit employers from hiring permanent replacements for striking workers.

Members of Congress need to understand something. Workers aren’t looking to pick fights with their employers. They just want to do their jobs well, work in safe environments and earn enough money to care for their families. And some companies work productively with unions, including the USW, to improve working conditions and product quality.

But employers like Kumho Tire too often exploit their employees and resist any effort that workers make to improve their lot. When that happens, workers like Victoria will stand their ground. Now more than ever, they need the protections of the PRO Act backing them up.

This blog was originally published by AFL-CIO on September 26, 2019. Reprinted with permission. 

About the Author: Tom Conway is international president of the United Steelworkers (USW).


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Protection Against Pregnancy Discrimination in California

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Pregnancy is an exciting and emotional time in a person’s life. It can feel like there is so much to do before the baby arrives; from a healthy delivery to making sure you have enough savings in your bank account. You do not need another thing to worry about, especially your job security.

Fortunately, there are both state and federal laws which protect employees against wrongful discrimination based on their pregnancy status or disability as a result of pregnancy. If you are pregnant or thinking about becoming pregnant, it is important to know your rights and how you and your family are protected under these laws.

What is pregnancy discrimination?

According to the United States Equal Employment Opportunity Commission, pregnancy discrimination is unfavorable treatment towards a woman due to her pregnancy or pregnancy-related condition.

This type of discrimination is unlawful at any stage of hiring, employment, or termination. It is illegal to deny someone a job, demote or refuse to promote, decrease pay rate, or terminate employment due to a person’s pregnancy status or desire to become pregnant, intention of becoming pregnant, or possibility of pregnancy.

Pregnancy discrimination also includes a variety of actions. As a pregnant employee, you are not just protected from being fired or demoted due to pregnancy, but it is also unlawful for an employer to deny you reasonable accommodations due to pregnancy status, including a time and place to express milk, or deny you time off following the birth of your child.

What are discriminatory employment actions?

 Any discriminatory action against you in the workplace is unlawful. Some of the most common discriminatory employment actions due to an employee’s pregnancy status include:

  • Refusing to hire;
  • Demoting;
  • Laying off;
  • Denying benefits, such as paid time off and health insurance;
  • Assigning lesser or inferior jobs;
  • Terminations/Firing; or
  • Any other term or condition of employment.

What are reasonable accommodations?

Your employer is required to provide you with reasonable accommodations if, with those accommodations, you are still able to adequately perform your job duties. Reasonable accommodations are determined by considering whether this request would cause undue hardship to the employer. If not, it may be a reasonable request.

Some reasonable accommodations in regard to pregnancy may include:

  • Time off to attend doctors’ appointments;
  • Adjusting work schedules to accommodate for severe morning sickness;
  • Allowing the employee to sit during her shift; and
  • Weight restrictions related to lifting heavy objects.

What laws protect me from pregnancy discrimination?

 There are both state and federal laws which protect employees from discrimination based on pregnancy.

 The Pregnancy Discrimination Act (PDA) is an amendment to Title VII of the Civil Rights Act of 1965, which prohibits discrimination on the basis of pregnancy, childbirth, or any other pregnancy-related medical conditions.

The Americans With Disabilities Act (ADA) is a federal statute which prohibits discrimination against people with disabilities. This includes pregnancy and limitations as a result of pregnancy.

The Family and Medical Leave Act (FMLA) allows employees up to 12 weeks of leave per year due to the birth of a child, the placement of a child via adoption or foster care, the care of an immediate family member with a serious health condition, or the serious health condition of the employee. While this is unpaid, the employee may not lose their job due to her leave of absence under this federal statute. Employees also enjoy continuation of their health insurance and benefits as if they had never taken a leave from work.

The California Fair Employment and Housing Act (FEHA) makes it illegal for employers to discriminate against an employee or potential employee based upon the individual’s status as a protected class. In California, protected classes of people include:

  • Race, color
  • Ancestry, national origin
  • Religion, creed
  • Age (over 40)
  • Disability, mental and physical
  • Sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions)
  • Sexual orientation
  • Gender identity, gender expression
  • Medical condition
  • Genetic information
  • Marital status
  • Military and veteran status

The California Family Rights Act (CFRA) is similar to the federal Family and Medical Leave Act (FMLA), however there are a few significant differences. The CFRA also allows employees up to 12 weeks of leave during a 12-month period for the same reasons allowable in the FMLA, but the CFRA also provides leave to care for a registered domestic partner who is experiencing a serious medical condition rather than only a spouse, child, or parent.

The California New Parent Leave Act (NPLA) allows employees to take time off to bond with a new child or a child newly placed for adoption or foster care. This Act requires the employer to provide the employee with a guarantee of employment security and reinstatement prior to beginning parental leave.

The California Pregnancy Disability Leave Law (PDL) specifically protects employees who are experiencing a disability resulting from pregnancy. Typically, the employee’s medical team will recommend how long the leave should be, according to your health condition, medical history, and other personal details, however this law does allow for up to four month of leave per pregnancy.

The California Paid Family Leave (PFL) allows employees time off work to bond with a new child following the birth, adoption, or foster care placement of the child. This also includes protections for employees to take time off work to care for a seriously ill family member, such as a child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner. It is important to note that this statute only protects monetary benefits but does not provide job security or protection. However, your job may be protected through other state or federal laws.

This article was originally published by V. James DeSimone Law on August 20, 2019. Reprinted with permission.

About the Author: The team of employment attorneys at V. James DeSimone Law have in-depth knowledge and years of experience in this field. To schedule a consultation, you may call us today at (310) 693-5561. If you are pregnant or thinking about being pregnant, protect yourself, your family, and your job by knowing and understanding your rights and protections under both state and federal laws. If you believe you have been a victim of pregnancy discrimination in the workplace, it is crucial to contact an experienced employment attorney right away. Learn more at: https://www.vjamesdesimonelaw.com/employment-law/pregnancy-discrimination/

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Lost pregnancies at a Verizon warehouse show the urgent need for a Pregnant Workers Fairness Act

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In a Tennessee warehouse supplying Verizon customers with their phones and tablets, pregnant women are routinely worked to the point of losing their pregnancies, lifting boxes up to 45 pounds through long shifts in heat that can reach more than 100 degrees. And there is no law that says their employer can’t do this to them. Sure, there’s the Pregnancy Discrimination Act, but even when it’s enforced, it has loopholes you can drive a 747 through. 

If companies “treat their nonpregnant employees terribly, they have every right to treat their pregnant employees terribly as well,” said Representative Jerrold Nadler, Democrat of New York, who has pushed for stronger federal protections for expecting mothers.

That’s why Democrats keep introducing the Pregnant Workers Fairness Act, to strengthen protections for pregnant women. But Republicans won’t consider it, not that this stops them from proclaiming themselves to be protectors of family values.

Early miscarriages are very common and are typically associated with chromosomal abnormalities rather than anything a woman in early pregnancy might do. But that’s not what the New York Times is reporting on here. Several of the cases cited in this article involved later pregnancy loss, well into the second trimester when miscarriages are much less common, and even into stillbirth territory. One of the women interviewed for the story delivered a baby at 20 weeks that lived for 10 minutes. “My husband and I watched her die,” she said. This is much, much less common, and when it comes after a woman has worked for hours lifting heavy boxes, against her doctor’s advice and after her employer has refused to give her light duty, it should be a crime. That’s not all, either. After a worker in the same warehouse died on the job, “In Facebook posts at the time and in recent interviews, employees said supervisors told them to keep working as the woman lay dead.”

Verizon said “We have no tolerance—zero tolerance—for this sort of alleged behavior,” except, apparently, to the extent that it has been tolerating the behavior right up until a newspaper started reporting on it. The company says it is investigating the workers’ claims.

This blog was originally published at Daily Kos on October 23, 2018. Reprinted with permission. 

About the Author: Laura Clawson is labor editor at Daily Kos.


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Walmart sued for alleged discrimination against pregnant workers

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Federal regulators have filed a lawsuit against Walmart claiming the retailer forced pregnant workers to take unpaid leave and refused their requests for less physically demanding duties.

Companies are required by law to accommodate employee pregnancies the same way they would disabilities, according to an article on the lawsuit published by Reuters. The suit was filed Friday on behalf of Alyssa Gilliam and several other female employees.

In her complaint, Gilliam said she became pregnant in April 2015, at which point she requested “light duty or transfer to a less physically demanding job” to avoid any heavy lifting that might endanger her pregnancy. She said she was told “light duty” was only available “to employees on workers’ compensation.”

Gilliam claimed her requests for a chair, shorter work days, or additional breaks were also denied. She said that eventually, she was forced to transfer to a part-time job within the company, resulting in a pay cut and loss of benefits.

In November 2015, Gilliam said she submitted a doctor’s note to the company identifying a five pound lifting restriction. Walmart, in response, immediately placed her on unpaid FMLA (parental) leave, two full months before she was due to deliver.

The company allegedly denied requests for accommodations for other pregnancy-related medical restrictions made by other pregnant employees at the distribution center, the suit argues.

By contrast, Walmart “accommodated non-pregnant employees who were similar in their ability or inability to work.”

“For example, Defendant accommodated [distribution center] employees who had restrictions due to work-related injuries by providing them with light duty,” the suit reads.

“Defendant deprived Gilliam and a class of female employees of equal employment opportunities and otherwise adversely affect their status as employees, because of their sex and pregnancy.”

Julianne Bowman, the EEOC’s district director in Chicago, said in a statement Friday that Walmart’s alleged refusal to accommodate the pregnant workers amounted to a violation of federal law.

“What our investigation indicated is that Walmart had a robust light duty program that allowed workers with lifting restrictions to be accommodated,” she said. “But Walmart deprived pregnant workers of the opportunity to participate in its light duty program. This amounted to pregnancy discrimination, which violates federal law.”

The EEOC said it is seeking “full relief, including back pay, compensatory and punitive damages, and non-monetary measures to correct Walmart’s practices going forward.”

In a statement Friday, Walmart spokesperson Randy Hargrove responded to the suit, saying the company’s anti-discrimination policies were in full compliance with the law.

“Our accommodations policy has been updated a number of times over the last several years and our policies have always fully met or exceeded both state and federal law,” he said.

The nation’s largest private employer, Walmart is reportedly facing similar lawsuits in other states, including Illinois and New York. In May last year, Hargrove issued a statement insisting the company was “a great place for women to work.”

According to Reuters, the company requested to have the Illinois suit tossed out earlier this year, but was denied. The New York suit is currently pending.

This article was originally published at ThinkProgress on September 22, 2018. Reprinted with permission. 

About the Author: Melanie Schmitz is an editor at ThinkProgress. She formerly worked at Bustle and Romper. Send her tips here: mschmitz@thinkprogress.org.


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Investment Bank Allegedly Retaliated Against Employee After She Announced Her Pregnancy

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Bryce CovertAfter working at the investment bank Jefferies Group for nearly 12 years, Shabari Nayak thought she was on track to become a managing director — especially after bringing her firm $3.75 million in revenue.

But then last year she got pregnant. In a lawsuit filed against the bank on Wednesday, she says everything changed after she announced that she would be having a baby.

Nayak “delayed announcing her pregnancy as late as possible because she feared her career would be derailed,” according to her lawyer Scott Grubin.

Her fears were quickly realized, she alleges. She claims that when she told her direct supervisor of the pregnancy in August of last year, he told her that her “priorities would be changing” after she had her child and offered to help her find a job that was “less demanding,” potentially in the human resources department. She declined, preferring to stay on track for a managing director position.

She got a nearly identical response, she says, when she told the global head of her division. “These two utterly insensitive and demeaning conversations made clear that in the minds of management, Ms. Nayak’s pregnancy had irreversibly changed — if not ended — her investment banking career at the bank,” according to the complaint.

Months later, her supervisors told her she had “taken her foot off the gas pedal,” she claims. Then she says she was denied her year-end bonus, which reduced her overall compensation by nearly 60 percent. Yet she had gotten the bonus the year before when she brought in nearly $1 million less in revenue, while a similar male coworker in her group who hadn’t generated any deal revenue got a “substantial” bonus, according to the complaint.

“What should have been a most joyous time in her life, as Ms. Nayak welcomed her first child into her family, has been transformed into a demeaning and anxious ordeal by the bank’s discriminatory and retaliatory actions against her that has effectively derailed her personal and professional aspirations,” the complaint says.

Nayak no longer works at the bank, claiming that she was forced to resign while on maternity leave after experiencing the discrimination and watching her complaints go unaddressed.

“No reasonable person should be or could be expected to work in the environment created and fostered at Jefferies,” she said.

Now that she’s gone, she says her group at the investment bank has 32 men and no women in senior vice president or managing director positions.

A Jefferies spokesman said the lawsuit is “entirely without merit,” saying she “voluntarily resigned,” and that it will defend against it.

Pregnancy discrimination is already prohibited by federal law, but it’s still incredibly common. Complaints of pregnancy discrimination filed with the Equal Employment Opportunity Commission rose 65 percent between 1992 and 2007, outpacing the increase of women in the labor force, and there were more than 3,500 filed just last year.

A number of investment banks have been hit with discrimination lawsuits that depict a male-dominated and testosterone-fueled culture, and pregnancy discrimination comes up a lot. The finance industry was hit with 97 complaints of pregnancy discrimination in 2013. A lawsuit last year filed by Cynthia Terrana against investment bank Cantor Fitzgerald alleged that she was fired just 11 days after she told her manager she was pregnant.

Other lawsuits against Wall Street firms have alleged a “boys club” atmosphere of trips to strip clubs and sexual assaults against female employees that went ignored, the systemic undermining of women’s careers by denying them the most lucrative clients, and repeated sexual harassment that included female employees being pressured to sleep with executives.

This article was originally posted at Thinkprogress.org on August 19, 2016. Reprinted with permission.

Bryce Covert  is the Economic Policy Editor for ThinkProgress. Her writing has appeared in the New York Times, The New York Daily News, New York Magazine, Slate, The New Republic, and others. She has appeared on ABC, CBS, MSNBC, and other outlets.


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