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WASHINGTON—Congressman Paul D. Tonko voted today to pass H.R. 1065, the Pregnant Workers Fairness Act in the House. This bipartisan legislation—supported by nearly 90 percent of voters polled—establishes the rights of pregnant workers to reasonable accommodations in the workplace, prohibits employers from discriminating against pregnant applicants in hiring, retaliating against workers for requesting accommodation, or forcing workers to take leave in cases where accommodations can be made instead.

“Workers should never be forced to choose between a pregnancy and putting food on the table,” Congressman Tonko said. “Yet this is the sad reality for millions of American households—more than half—where women are the primary, sole or co-breadwinner. I am proud to stand with my colleagues to guarantee the rights of every woman to continue earning a living without risking her health or the safety of her pregnancy. The Senate needs to advance this historic legislation immediately so more women can return to the workforce with confidence, safety and greater fairness.”

While Congress enacted the 1978 Pregnancy Discrimination Act, this law failed to explicitly and affirmatively guarantee the right of pregnant workers to reasonable accommodation. This has forced many women to put their pregnancy in jeopardy so that they can continue to work – especially during the pandemic, as 64 percent of the workers at the frontlines of the pandemic are women. This has also disproportionately impacted women of color, who are overrepresented in low-wage, demanding jobs. When women are denied basic, reasonable accommodations, it can lead to tragic health outcomes.

Similar to the framework of the Americans with Disabilities Act, the Pregnant Workers Fairness Act would close this gap in federal law by requiring public sector employers and private employers with more than fifteen employees to make reasonable accommodations for pregnant job applicants and workers. These accommodations include the provision of appropriate seating, water breaks, closer parking, flexible hours, appropriately sized uniforms and safety apparel, bathroom breaks and exemptions from strenuous activities. 

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