New Jersey-2024-AR44-Introduced

An Assembly Resolution respectfully urging the United States Congress to pass the "Pregnant Workers Fairness Act."

Whereas, Pregnancy discrimination is an insidious form of employment discrimination that occurs due to a woman suffering negative consequences at her job after becoming pregnant; and

Whereas, Efforts to reduce pregnancy discrimination have been slow, with 62 percent of Americans having personally seen pregnancy discrimination in the workplace; and

Whereas, The federal "Pregnancy Discrimination Act" (PDA) does not adequately address the issue of employer intransigence to make reasonable accommodations for pregnant women; and

Whereas, This weakness in the law allows an employer to refuse a work accommodation to a pregnant worker, even if the woman has a doctor's note; and

Whereas, Attempts by pregnant workers to seek relief in court often end in frustration, with many courts construing the PDA narrowly; and

Whereas, As a result of these unnecessarily high barriers, over 250,000 pregnant workers are denied requests for accommodations each year, with many being terminated from their employment as a consequence; and

Whereas, The proposed "Pregnant Workers Fairness Act" (PWFA) addresses this flaw of the PDA by requiring employers to allow reasonable accommodation for workers experiencing a limitation due to pregnancy, childbirth, or related medical conditions; and

Whereas, The PWFA would allow pregnant workers to continue working without fear of health risks or cuts in pay and benefits; and

Whereas, The guidance provided under the PWFA would allow employers to understand their obligations toward pregnant workers, which would help increase employee retention and reduce the risk of litigation; and

Whereas, Twenty-seven states, including New Jersey, have laws in place requiring employers to provide reasonable accommodations to pregnant workers; the federal government should nonetheless establish a national standard to better protect pregnant women from workplace discrimination; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey:

1. This House respectfully urges the United States Congress to pass the "Pregnant Workers Fairness Act."

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the Majority and Minority Leaders of the United States Senate, the Speaker and Majority and Minority Leaders for the United States House of Representatives, and each member of the United States Congress elected from this State.

STATEMENT

This resolution respectfully urges the United States Congress to pass the "Pregnant Workers Fairness Act" (PWFA), which would allow pregnant workers to seek reasonable accommodations in the workplace.

Pregnancy discrimination is an insidious form of employment discrimination that occurs when a woman suffers negative consequences at her job after becoming pregnant. It is an unfortunately common form of employment discrimination, with 62 percent of American workers having witnessed such discrimination at some point in their lives. While the federal "Pregnancy Discrimination Act" (PDA) mandates equal treatment for pregnant workers, the PDA does not adequately address the issue of employer intransigence to make reasonable work accommodations for pregnant women. As a consequence, over 250,000 pregnant workers are denied requests for accommodations each year by their employers.

Under the proposed "Pregnant Workers Fairness Act," (PWFA) employers will be required to reasonably accommodate workers experiencing a limitation due to pregnancy, childbirth, or related medical conditions. This will address the PDA's flaw regarding accommodations and will allow pregnant workers to continue working without fear of health risks or cuts in pay and benefits. The PWFA will also provide guidance to employers on their obligations toward pregnant workers, which will help increase employee retention and reduce the risk of litigation. While 27 states, including New Jersey, have laws in place that require employers to provide reasonable accommodations for pregnant workers, a national law to provide these protections would be a logical step towards ensuring an equal workplace for all pregnant workers.