Congress can do more to protect pregnant women

On May 17, Apple made a statement that reflected the importance of worker safety for today’s businesses: The company delayed its return-to-theoffice plans due to concerns over COVID-19. In the coming weeks and months, many other major companies will be rolling out their own plans with the concept of worker safety paramount in their decisions.

Interestingly, just as major businesses face difficult questions surrounding worker safety and employee rights, so, too, does Congress, as the Senate may consider the Pregnant Workers Fairness Act soon.

The Pregnant Workers Fairness Act will guarantee certain rights to pregnant people to ensure that they will not need to put themselves or their pregnancy at risk while at work. With worker safety top of mind for companies working on their return-to-office plans, now is the ideal time to shed a light on the difficulties pregnant people face in the workforce, and to emphasize why we need to pass the Pregnant Workers Fairness Act.

While most pregnant people can expect a routine pregnancy, some workers need modest accommodations — such as help with lifting, extra breaks, or a chair to sit on — in order to prevent adverse pregnancy outcomes, including premature birth and miscarriage.

Too often, employers reject those requests outright and force workers to take unpaid leave or continue working without accommodations.

Black and Latinx workers disproportionately bear this burden because they are more likely to occupy low-wage jobs, which are more likely to be physically demanding and often where we see employers unwilling to provide accommodations. Betzaida Cruz Cardona, a cashier for a national retail chain in Rochester, was terminated after requesting a 25pound lifting restriction, despite the fact that she was cleared to work and rarely lifted as part of her job. Her employer told her “to stay home, take care of her pregnancy, and rest.” With no paycheck, she became homeless and had to move in with family and friends.

The 2021 March of Dimes Report Card shows that for the first time in six years U.S. pre-term births declined. But for Black women, these rates actually increased, and they are still up to 60 percent more likely to give birth pre-term than white women. Black women are also three times more likely to die from pregnancy-related causes than white women and they, along with Hispanic and Native American women, have the highest rates of severe maternal morbidity compared with their white counterparts.

Studies show that accommodations as simple as extra bathroom breaks or a reprieve from standing all day can help prevent preterm birth. These types of accommodations are also good for business, as moms’ well-being is associated with lower health care costs, greater productivity and reduced absenteeism.

In 2016, New York passed a Pregnant Workers Fairness Act, requiring employers to provide reasonable accommodations as long as those accommodations aren’t too difficult or expensive for the business. Similarly, the federal Pregnant Workers Fairness Act would provide pregnant workers an affirmative right to accommodations absent “undue hardship” to the employer — the same standard for workers with disabilities under the Americans with Disabilities Act. The bill has strong bipartisan support and is ready for a vote in the Senate.

Now is the time to ensure that all pregnant workers can have good health and economic peace of mind, whether they’re just now returning to the office, staying remote or never stopped being inperson.