Congressional Record, House, September 17, 2020 — Pregnant Workers Fairness Act, H.R. 2694
Summary
This is the Congressional Record, House, September 17, 2020, covering pages H4508 and H4509, a long extract with interleaved columns. The page opens with debate on a resolution condemning anti-Asian sentiment during the COVID–19 pandemic, in which Ms. Johnson of Texas cites more than two thousand reported incidents of coronavirus-related discrimination, as recorded by the Asian Pacific Policy and Planning Council. Mr. Jordan demands the yeas and nays on the resolution, and further proceedings are postponed. Mr. Scott of Virginia then calls up H.R. 2694, the Pregnant Workers Fairness Act, under House Resolution 1107. The bill text makes it unlawful for a covered entity to refuse reasonable accommodations for known pregnancy-related limitations, sets remedies, and directs the Commission to issue rules within 2 years.
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“Congressional Record, House, September 17, 2020 — Pregnant Workers Fairness Act, H.R. 2694.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-09-17-crec-2020-09-17-pt1-pgh4508-6e942f6dac/
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H4508 CONGRESSIONAL RECORD — HOUSE September 17, 2020
working on the frontline combatting against the commodations for workers whose abil- tions contained in subsection (b)(3) of such sec-
pandemic. We must stand in solidarity with our ity to perform the functions of a job tion 1977A, shall be the powers, remedies, and
friends and neighbors by denouncing the vitriol are limited by pregnancy, childbirth, procedures this Act provides to the Commission,
the Attorney General, or any person alleging
and anti-Asian sentiment. Our response to this or a related medical condition, and ask
such practice (not an employment practice spe-
pandemic should have been a unifying mo- for its immediate consideration. cifically excluded from coverage under section
ment for our country. Instead, the administra- The Clerk read the title of the bill. 1977A(a)(1) of the Revised Statutes).
tion has actively sought to inflame racial ten- The SPEAKER pro tempore (Ms. (b) EMPLOYEES COVERED BY CONGRESSIONAL
sions. Today, we say ‘‘no more’’ to the anti- SPANBERGER). Pursuant to House Reso- ACCOUNTABILITY ACT OF 1995.—
Asian rhetoric from the White House. I am lution 1107, the amendment in the na- (1) IN GENERAL.—The powers, remedies, and
proud to cosponsor this bill and I want to ture of a substitute recommended by procedures provided in the Congressional Ac-
thank my colleague from New York Rep- the Committee on Education and countability Act of 1995 (2 U.S.C. 1301 et seq.) to
Labor, printed in the bill, is adopted the Board (as defined in section 101 of such Act
resentative GRACE MENG, for her leadership
(2 U.S.C. 1301)) or any person alleging a viola-
on this issue and urge all my colleagues to and the bill, as amended, is considered
tion of section 201(a)(1) of such Act (2 U.S.C.
support its passage. read. 1311(a)(1)) shall be the powers, remedies, and
Ms. JOHNSON of Texas. Madam Speaker, The text of the bill, as amended, is as procedures this Act provides to the Board or any
I rise today in support of this resolution that follows: person, respectively, alleging an unlawful em-
condemns all forms of anti-Asian sentiment H.R. 2694 ployment practice in violation of this Act
during this COVID–19 pandemic. This public Be it enacted by the Senate and House of Rep- against an employee described in section 5(3)(B),
health crisis has caused significant pain and resentatives of the United States of America in except as provided in paragraphs (2) and (3) of
suffering to communities across our nation, Congress assembled, this subsection.
SECTION 1. SHORT TITLE. (2) COSTS AND FEES.—The powers, remedies,
and we are especially concerned about an ap- and procedures provided in subsections (b) and
parent increase in verbal and physical attacks, This Act may be cited as the ‘‘Pregnant Work-
ers Fairness Act’’. (c) of section 722 of the Revised Statutes (42
as well as discrimination, against Asian Ameri- U.S.C. 1988) shall be the powers, remedies, and
SEC. 2. NONDISCRIMINATION WITH REGARD TO
cans. REASONABLE ACCOMMODATIONS procedures this Act provides to the Board or any
Our society must clearly state that this xen- RELATED TO PREGNANCY. person alleging such practice.
ophobia must not and will not be accepted. It shall be an unlawful employment practice (3) DAMAGES.—The powers, remedies, and pro-
Asian Americans are not responsible for the for a covered entity to— cedures provided in section 1977A of the Revised
spread of COVID–19, and yet they have been (1) not make reasonable accommodations to Statutes (42 U.S.C. 1981a), including the limita-
the known limitations related to the pregnancy, tions contained in subsection (b)(3) of such sec-
repeatedly harassed, discriminated, and even
childbirth, or related medical conditions of a tion 1977A, shall be the powers, remedies, and
attacked by some who wrongly believe they procedures this Act provides to the Board or any
qualified employee, unless such covered entity
are at fault. There are over two thousand re- person alleging such practice (not an employ-
can demonstrate that the accommodation would
ported incidences of coronavirus-related dis- impose an undue hardship on the operation of ment practice specifically excluded from cov-
crimination by the Asian Pacific Policy and the business of such covered entity; erage under section 1977A(a)(1) of the Revised
Planning Council. We must better protect our (2) require a qualified employee affected by Statutes).
vulnerable communities during times of tur- pregnancy, childbirth, or related medical condi- (4) OTHER APPLICABLE PROVISIONS.—With re-
moil, and it is even more egregious that many tions to accept an accommodation other than spect to a claim alleging a practice described in
of these same victims are simultaneously any reasonable accommodation arrived at paragraph (1), title III of the Congressional Ac-
through the interactive process referred to in countability Act of 1995 (2 U.S.C. 1381 et seq.)
fighting this pandemic as doctors, nurses, and shall apply in the same manner as such title ap-
section 5(7);
other frontline providers. (3) deny employment opportunities to a quali- plies with respect to a claim alleging a violation
Therefore, I am proud to support this resolu- fied employee if such denial is based on the need of section 201(a)(1) of such Act (2 U.S.C.
tion that explicitly calls on all public officials to of the covered entity to make reasonable accom- 1311(a)(1)).
condemn and denounce all anti-Asian senti- modations to the known limitations related to (c) EMPLOYEES COVERED BY CHAPTER 5 OF
ment in any form. Additionally, I am pleased the pregnancy, childbirth, or related medical TITLE 3, UNITED STATES CODE.—
that this legislation recognizes that the health conditions of a qualified employee; (1) IN GENERAL.—The powers, remedies, and
and safety of all Americans, no matter their (4) require a qualified employee to take leave, procedures provided in chapter 5 of title 3,
whether paid or unpaid, if another reasonable United States Code, to the President, the Com-
background, must be our utmost priority.
accommodation can be provided to the known mission, the Merit Systems Protection Board, or
On behalf of the constituents of the 30th any person alleging a violation of section
limitations related to the pregnancy, childbirth,
Congressional District of Texas, I am proud to or related medical conditions of a qualified em- 411(a)(1) of such title shall be the powers, rem-
support this resolution condemning anti-Asian ployee; or edies, and procedures this Act provides to the
sentiment during this pandemic, and I urge my (5) take adverse action in terms, conditions, or President, the Commission, the Board, or any
colleagues to vote in favor of this legislation. privileges of employment against a qualified em- person, respectively, alleging an unlawful em-
The SPEAKER pro tempore. All time ployee on account of the employee requesting or ployment practice in violation of this Act
for debate has expired. using a reasonable accommodation to the known against an employee described in section 5(3)(C),
Pursuant to House Resolution 1107, limitations related to the pregnancy, childbirth, except as provided in paragraphs (2) and (3) of
or related medical conditions of the employee. this subsection.
the previous question is ordered on the
SEC. 3. REMEDIES AND ENFORCEMENT. (2) COSTS AND FEES.—The powers, remedies,
resolution and the preamble. and procedures provided in subsections (b) and
(a) EMPLOYEES COVERED BY TITLE VII OF THE
The question is on the resolution. CIVIL RIGHTS ACT OF 1964.— (c) of section 722 of the Revised Statutes (42
The question was taken; and the (1) IN GENERAL.—The powers, remedies, and U.S.C. 1988) shall be the powers, remedies, and
Speaker pro tempore announced that procedures provided in sections 705, 706, 707, procedures this Act provides to the President,
the ayes appeared to have it. 709, 710, and 711 of the Civil Rights Act of 1964 the Commission, the Board, or any person alleg-
Mr. JORDAN. Madam Speaker, on (42 U.S.C. 2000e–4 et seq.) to the Commission, the ing such practice.
that I demand the yeas and nays. Attorney General, or any person alleging a vio- (3) DAMAGES.—The powers, remedies, and pro-
The SPEAKER pro tempore. Pursu- lation of title VII of such Act (42 U.S.C. 2000e et cedures provided in section 1977A of the Revised
seq.) shall be the powers, remedies, and proce- Statutes (42 U.S.C. 1981a), including the limita-
ant to section 3 of House Resolution
dures this Act provides to the Commission, the tions contained in subsection (b)(3) of such sec-
965, the yeas and nays are ordered. tion 1977A, shall be the powers, remedies, and
Attorney General, or any person, respectively,
Pursuant to clause 8 of rule XX, fur- alleging an unlawful employment practice in procedures this Act provides to the President,
ther proceedings on this question are violation of this Act against an employee de- the Commission, the Board, or any person alleg-
postponed. scribed in section 5(3)(A) except as provided in ing such practice (not an employment practice
f paragraphs (2) and (3) of this subsection. specifically excluded from coverage under sec-
(2) COSTS AND FEES.—The powers, remedies, tion 1977A(a)(1) of the Revised Statutes).
PREGNANT WORKERS FAIRNESS and procedures provided in subsections (b) and (d) EMPLOYEES COVERED BY GOVERNMENT EM-
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ACT (c) of section 722 of the Revised Statutes (42 PLOYEE RIGHTS ACT OF 1991.—
Mr. SCOTT of Virginia. Madam U.S.C. 1988) shall be the powers, remedies, and (1) IN GENERAL.—The powers, remedies, and
procedures this Act provides to the Commission, procedures provided in sections 302 and 304 of
Speaker, pursuant to House Resolution
the Attorney General, or any person alleging the Government Employee Rights Act of 1991 (42
1107, I call up the bill (H.R. 2694) to such practice. U.S.C. 2000e–16b; 2000e–16c) to the Commission
eliminate discrimination and promote (3) DAMAGES.—The powers, remedies, and pro- or any person alleging a violation of section
women’s health and economic security cedures provided in section 1977A of the Revised 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1))
by ensuring reasonable workplace ac- Statutes (42 U.S.C. 1981a), including the limita- shall be the powers, remedies, and procedures
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September 17, 2020 CONGRESSIONAL RECORD — HOUSE H4509
this Act provides to the Commission or any per- commodation that would provide such employee to the interactive process that will typically be
son, respectively, alleging an unlawful employ- with an equally effective opportunity and would used to determine an appropriate reasonable ac-
ment practice in violation of this Act against an not cause an undue hardship on the operation commodation.
employee described in section 5(3)(D), except as of the covered entity. SEC. 6. WAIVER OF STATE IMMUNITY.
provided in paragraphs (2) and (3) of this sub- SEC. 4. RULEMAKING. A State shall not be immune under the 11th
section. Not later than 2 years after the date of enact- Amendment to the Constitution from an action
(2) COSTS AND FEES.—The powers, remedies, ment of this Act, the Commission shall issue reg- in a Federal or State court of competent juris-
and procedures provided in subsections (b) and ulations in an accessible format in accordance diction for a violation of this Act. In any action
(c) of section 722 of the Revised Statutes (42 with subchapter II of chapter 5 of title 5, United against a State for a violation of this Act, rem-
U.S.C. 1988) shall be the powers, remedies, and States Code, to carry out this Act. Such regula- edies (including remedies both at law and in eq-
procedures this Act provides to the Commission tions shall provide examples of reasonable ac- uity) are available for such a violation to the
or any person alleging such practice. commodations addressing known limitations re- same extent as such remedies are available for
(3) DAMAGES.—The powers, remedies, and pro- lated to pregnancy, childbirth, or related med- such a violation in an action against any public
cedures provided in section 1977A of the Revised ical conditions. or private entity other than a State.
Statutes (42 U.S.C. 1981a), including the limita- SEC. 7. RELATIONSHIP TO OTHER LAWS.
SEC. 5. DEFINITIONS.
tions contained in subsection (b)(3) of such sec- Nothing in this Act shall be construed to in-
tion 1977A, shall be the powers, remedies, and As used in this Act—
(1) the term ‘‘Commission’’ means the Equal validate or limit the powers, remedies, and pro-
procedures this Act provides to the Commission cedures under any Federal law or law of any
or any person alleging such practice (not an em- Employment Opportunity Commission;
(2) the term ‘‘covered entity’’— State or political subdivision of any State or ju-
ployment practice specifically excluded from risdiction that provides greater or equal protec-
coverage under section 1977A(a)(1) of the Re- (A) has the meaning given the term ‘‘respond-
ent’’ in section 701(n) of the Civil Rights Act of tion for individuals affected by pregnancy,
vised Statutes). childbirth, or related medical conditions.
(e) EMPLOYEES COVERED BY SECTION 717 OF 1964 (42 U.S.C. 2000e(n)); and
(B) includes— SEC. 8. SEVERABILITY.
THE CIVIL RIGHTS ACT OF 1964.—
(1) IN GENERAL.—The powers, remedies, and (i) an employer, which means a person en- If any provision of this Act or the application
procedures provided in section 717 of the Civil gaged in industry affecting commerce who has of that provision to particular persons or cir-
Rights Act of 1964 (42 U.S.C. 2000e–16) to the 15 or more employees as defined in section 701(b) cumstances is held invalid or found to be uncon-
Commission, the Attorney General, the Librar- of title VII of the Civil Rights Act of 1964 (42 stitutional, the remainder of this Act and the
ian of Congress, or any person alleging a viola- U.S.C. 2000e(b)); application of that provision to other persons or
tion of that section shall be the powers, rem- (ii) an employing office, as defined in section circumstances shall not be affected.
edies, and procedures this Act provides to the 101 of the Congressional Accountability Act of The SPEAKER pro tempore. The bill
Commission, the Attorney General, the Librar- 1995 (2 U.S.C. 1301) and section 411(c) of title 3, shall be debatable for one hour equally
ian of Congress, or any person, respectively, al- United States Code;
divided and controlled by the chair and
leging an unlawful employment practice in vio- (iii) an entity employing a State employee de-
scribed in section 304(a) of the Government Em- ranking minority member of the Com-
lation of this Act against an employee described mittee on Education and Labor.
in section 5(3)(E), except as provided in para- ployee Rights Act of 1991 (42 U.S.C. 2000e–
16c(a)); and The gentleman from Virginia (Mr.
graphs (2) and (3) of this subsection.
(2) COSTS AND FEES.—The powers, remedies, (iv) an entity to which section 717(a) of the SCOTT) and the gentlewoman from
and procedures provided in subsections (b) and Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) North Carolina (Ms. FOXX) each will
(c) of section 722 of the Revised Statutes (42 applies; control 30 minutes.
U.S.C. 1988) shall be the powers, remedies, and (3) the term ‘‘employee’’ means— The Chair recognizes the gentleman
procedures this Act provides to the Commission, (A) an employee (including an applicant), as from Virginia.
the Attorney General, the Librarian of Con- defined in section 701(f) of the Civil Rights Act
GENERAL LEAVE
gress, or any person alleging such practice. of 1964 (42 U.S.C. 2000e(f));
(3) DAMAGES.—The powers, remedies, and pro- (B) a covered employee (including an appli- Mr. SCOTT of Virginia. Madam
cedures provided in section 1977A of the Revised cant), as defined in section 101 of the Congres- Speaker, I ask unanimous consent that
Statutes (42 U.S.C. 1981a), including the limita- sional Accountability Act of 1995 (2 U.S.C. 1301); all Members have 5 legislative days in
tions contained in subsection (b)(3) of such sec- (C) a covered employee (including an appli- which to revise and extend their re-
tion 1977A, shall be the powers, remedies, and cant), as defined in section 411(c) of title 3, marks and insert extraneous material
procedures this Act provides to the Commission, United States Code; on H.R. 2694, the Pregnant Workers
the Attorney General, the Librarian of Con- (D) a State employee (including an applicant)
described in section 304(a) of the Government
Fairness Act.
gress, or any person alleging such practice (not The SPEAKER pro tempore. Is there
an employment practice specifically excluded Employee Rights Act of 1991 (42 U.S.C. 2000e–
16c(a)); or objection to the request of the gen-
from coverage under section 1977A(a)(1) of the
Revised Statutes). (E) an employee (including an applicant) to tleman from Virginia?
(f) PROHIBITION AGAINST RETALIATION.— which section 717(a) of the Civil Rights Act of There was no objection.
1964 (42 U.S.C. 2000e–16(a)) applies;
(1) IN GENERAL.—No person shall discriminate b 1100
against any employee because such employee (4) the term ‘‘person’’ has the meaning given
has opposed any act or practice made unlawful such term in section 701(a) of the Civil Rights Mr. SCOTT of Virginia. Madam
by this Act or because such employee made a Act of 1964 (42 U.S.C. 2000e(a)); Speaker, I yield myself such time as I
charge, testified, assisted, or participated in any (5) the term ‘‘known limitation’’ means phys- might consume.
manner in an investigation, proceeding, or hear- ical or mental condition related to, affected by, Madam Speaker, I rise in support of
ing under this Act. or arising out of pregnancy, childbirth, or re- H.R. 2694, the Pregnant Workers Fair-
(2) PROHIBITION AGAINST COERCION.—It shall lated medical conditions that the employee or
ness Act. No one should have to choose
be unlawful to coerce, intimidate, threaten, or employee’s representative has communicated to
the employer whether or not such condition between financial security and a
interfere with any individual in the exercise or
enjoyment of, or on account of such individual meets the definition of disability specified in sec- healthy pregnancy. Unfortunately, our
having exercised or enjoyed, or on account of tion 3 of the Americans with Disabilities Act of pregnancy antidiscrimination laws ur-
such individual having aided or encouraged any 1990 (42 U.S.C. 12102); gently need to be updated to provide
other individual in the exercise or enjoyment of, (6) the term ‘‘qualified employee’’ means an reasonable accommodations for work-
any right granted or protected by this Act. employee or applicant who, with or without rea- ers.
(3) REMEDY.—The remedies and procedures sonable accommodation, can perform the essen- Current Federal law does not clearly
otherwise provided for under this section shall tial functions of the employment position, except guarantee pregnant workers’ rights to
be available to aggrieved individuals with re- that an employee or applicant shall be consid-
ered qualified if—
reasonable accommodations in the
spect to violations of this subsection.
(g) LIMITATION.—Notwithstanding subsections (A) any inability to perform an essential func- workplace, such as water, seating,
(a)(3), (b)(3), (c)(3), (d)(3), and (e)(3), if an un- tion is for a temporary period; bathroom breaks, and lifting restric-
lawful employment practice involves the provi- (B) the essential function could be performed tions. These basic protections are crit-
sion of a reasonable accommodation pursuant to in the near future; and ical to protecting pregnant workers
this Act or regulations implementing this Act, (C) the inability to perform the essential func- from the tragic consequences of unsafe
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damages may not be awarded under section tion can be reasonably accommodated; and working conditions, and they are par-
1977A of the Revised Statutes (42 U.S.C. 1981a) (7) the terms ‘‘reasonable accommodation’’ ticularly important today, as early evi-
if the covered entity demonstrates good faith ef- and ‘‘undue hardship’’ have the meanings given
forts, in consultation with the employee with such terms in section 101 of the Americans with
dence suggests that pregnancy leads to
known limitations related to pregnancy, child- Disabilities Act of 1990 (42 U.S.C. 12111) and elevated risk of severe illness from
birth, or related medical conditions who has in- shall be construed as such terms are construed COVID–19.
formed the covered entity that accommodation is under such Act and as set forth in the regula- In 2015, the Supreme Court allowed
needed, to identify and make a reasonable ac- tions required by this Act, including with regard pregnant workers to bring claims for
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H4510 CONGRESSIONAL RECORD — HOUSE September 17, 2020
reasonable accommodations under the nancies. The simple reality is that some of ington. Lawmakers have concluded that ac-
Pregnancy Discrimination Act in the these women—especially those in physically commodating pregnant workers who need it
landmark case of Young v. UPS. How- demanding jobs—will have a medical need is a measured approach grounded in family
for a temporary job-related accommodation values and basic fairness.
ever, that decision set an unreasonably in order to maintain a healthy pregnancy. The Pregnant Workers Fairness Act is nec-
high standard for pregnancy discrimi- Yet, too often, instead of providing a preg- essary because it promotes long-term eco-
nation. Under the Young standard, nant worker with an accommodation, her nomic security and workplace fairness. When
workers must prove that the accom- employer will fire her or push her onto un- accommodations allow pregnant women to
modations they were denied were pro- paid leave, depriving her of a paycheck and continue to work, they can maintain income
vided to other workers who were simi- health insurance at a time when she needs and seniority, while forced leave sets new
lar in their inability to work. them most. mothers back with lost wages and missed ad-
Additionally, pregnancy discrimination af- vancement opportunities. When pregnant
This standard is onerous, in part, be- fects women across race and ethnicity, but women are fired, not only do they and their
cause it assumes that workers can ac- women of color and immigrants may be at families lose critical income, but they must
cess their coworkers’ personal health particular risk. Latinas, Black women and fight extra hard to re-enter a job market
information and establish a com- immigrant women are more likely to hold that is especially brutal on the unemployed
parable group of workers. It also cre- certain inflexible and physically demanding and on pregnant women.
ates a perverse legal framework in jobs that can present specific challenges for The Pregnant Workers Fairness Act is
which companies that treat all of their pregnant workers, such as cashiers, home vital because it supports healthy preg-
health aides, food service workers, and nancies. The choice between risking a job
workers poorly can treat their preg-
cleaners, making reasonable accommoda- and risking the health of a pregnancy is one
nant workers poorly as well. tions on the job even more important, and no one should have to make. Women who
Since the Young decision, courts loss of wages and health insurance due to cannot perform some aspects of their usual
have ruled against pregnant workers pregnancy discrimination especially chal- duties without risking their own health or
seeking accommodations most of the lenging. American families and the Amer- the health of their pregnancy, but whose
time. ican economy depend on women’s income: we families cannot afford to lose their income,
In the absence of Federal action, cannot afford to force pregnant women out may continue working under dangerous con-
nearly three dozen States and local- of work. ditions. There are health consequences to
ities have filled the void by estab- In 2015, in Young v. United Parcel Service, pushing women out of the workforce as well.
the Supreme Court held that a failure to Stress from job loss can increase the risk of
lishing their own protections for preg- make accommodations for pregnant workers having a premature baby and/or a baby with
nant workers. This patchwork ap- with medical needs will sometimes violate low birth weight. In addition, women who
proach is bad for workers who are fre- the Pregnancy Discrimination Act of 1978 are not forced to use their leave during preg-
quently left without strong protections (PDA). Yet, even after Young, pregnant nancy may have more leave available to
and bad for multistate employers who workers are still not getting the accom- take following childbirth, which in turn fa-
have to comply with different States’ modations they need to stay safe and cilitates breastfeeding, bonding with and
workplace standards. healthy on the job and employers lack clar- caring for a new child, and recovering from
The Pregnant Workers Fairness Act ity as to their obligations under the law. The childbirth.
Pregnant Workers Fairness Act will provide For all of these reasons, we urge you to
is a bipartisan proposal that will fi-
a clear, predictable rule: employers must support the Pregnant Workers Fairness Act.
nally establish clear, nationwide pro- provide reasonable accommodations for limi- We also welcome the opportunity to pro-
tections that guarantee pregnant tations arising out of pregnancy, childbirth, vide you with additional information.
workers the basic rights to reasonable or related medical conditions, unless this Sincerely,
accommodations. would pose an undue hardship. A Better Balance, American Civil Liberties
It will also grant victims of preg- The Pregnant Workers Fairness Act is Union, National Partnership for Women &
nancy discrimination the same rem- modeled after the Americans with Disabil- Families, National Women’s Law Center,
edies as victims of discrimination on ities Act (ADA) and offers employers and em- 1,000 Days, 9to5, 9to5 California, 9to5 Colo-
ployees a familiar reasonable accommoda- rado, 9to5 Georgia, 9to5 Wisconsin, Advo-
the basis of race, color, religion, sex, or
tion framework to follow. Under the ADA, cates for Youth, AFL–CIO, African American
national origin under Federal civil workers with disabilities enjoy clear statu- Ministers In Action, Alianza Nacional de
rights laws. Similar to the Americans tory protections and need not prove how Campesinas, All-Options, American Associa-
with Disabilities Act, employers are other employees are treated in order to ob- tion of University Women (AAUW), Amer-
not required to make accommodations tain necessary accommodations. Pregnant ican Association of University Women, Indi-
if it imposes an undue hardship on the workers deserve the same clarity and anapolis (AAUW), American College of Ob-
employer’s business. streamlined process and should not have to stetricians and Gynecologists, American
This legislation has broad support ascertain how their employer treats others Federation of State, County, and Municipal
across the political spectrum and in order to understand their own accommo- Employees (AFSCME), American Federation
dation rights, as the Supreme Court’s ruling of Teachers, Asian Pacific American Labor
across our communities. Labor unions, currently requires. Alliance, Association of Asian Pacific Com-
civil rights groups, and the business Evidence from states and cities that have munity, Health Organizations (AAPCHO),
community, including the Chamber of adopted laws similar to the Pregnant Work- Association of Maternal & Child Health Pro-
Commerce, have all endorsed this pro- ers Fairness Act suggests that providing this grams, Association of Women’s Health, Ob-
posal. clarity reduces lawsuits and, most impor- stetric and Neonatal Nurses.
Madam Speaker, I include in the tantly, helps ensure that women can obtain Black Mamas Matter Alliance,
RECORD a letter led by the nonprofit A necessary reasonable accommodations in a Breastfeeding Mother, Building Pathways,
Better Balance and over 200 worker ad- timely manner, which keeps pregnant California Breastfeeding Coalition, Cali-
women healthy and earning an income when fornia Women’s Law Center, California Work
vocacy organizations calling for Con- they need it most. No woman should have to & Family Coalition, Casa de Esperanza: Na-
gress to pass the Pregnant Workers choose between providing for her family and tional Latin@ Network, for Healthy Fami-
Fairness Act. maintaining a healthy pregnancy, and the lies and Communities, Center for American
SEPTEMBER 14, 2020. Pregnant Workers Fairness Act would ensure Progress, Center for Parental Leave Leader-
Re Pregnant Workers Fairness Act. that all women working for covered employ- ship, Center for Public Policy Priorities,
DEAR MEMBER OF CONGRESS: As organiza- ers would be protected. Center for Reproductive Rights, Centro de
tions committed to promoting the health The need for the Pregnant Workers Fair- Trabajadores Unidos (United Workers Cen-
and economic security of our nation’s fami- ness Act is recognized across ideological and ter), Child Care Law Center, Child Welfare
lies, we urge you to support the Pregnant partisan lines. Thirty states and D.C. have League of America, Chinese Progressive As-
Workers Fairness Act, a crucial maternal adopted pregnant worker fairness measures sociation (San Francisco), Church World
and infant health measure. This bipartisan with broad, and often unanimous, bipartisan Service, Citizen Action of NY, CLASP, Clear-
legislation promotes healthy pregnancies support. Twenty-five of those laws have inghouse on Women’s Issues, Closing the
and economic security for pregnant women passed within the last seven years. These Women’s Health Gap, Coalition on Human
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and their families and strengthens the econ- states include: Alaska, California, Colorado, Needs, Coalition of Labor Union Women, Co-
omy. Connecticut, Delaware, Hawaii, Illinois, Ken- alition of Labor Union Women, Philadelphia
In the last few decades, there has been a tucky, Louisiana, Maryland, Maine, Massa- Chapter, Communications Workers of Amer-
dramatic demographic shift in the work- chusetts, Minnesota, Nebraska, New Mexico, ica (CWA), Congregation of Our Lady of the
force. Not only do women now make up al- Nevada, New Jersey, New York, North Caro- Good Shepherd, U.S. Provinces.
most half of the workforce, but there are lina, North Dakota, Oregon, Rhode Island, DC Jobs with Justice, Disability Rights
more pregnant workers than ever before and South Carolina, Tennessee, Texas, Utah, Education and Defense Fund (DREDF), Dis-
they are working later into their preg- West Virginia, Vermont, Virginia, and Wash- ciples Center for Public Witness, Economic
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September 17, 2020 CONGRESSIONAL RECORD — HOUSE H4511
Policy Institute, EMC Strategies, Equal Pay San Francisco CLUW Chapter, Service Em- prevent workplace discrimination, in-
Today, Equal Rights Advocates, Family ployees International Union, SEIU 32BJ, cluding Federal laws that rightfully
Equality, Family Values@ Work, Farm- Sexuality Information and Education Coun- protect pregnant workers.
worker Justice, Feminist Majority Founda- cil of the United States (SIECUS), Take the Pregnancy Discrimination
tion, Friends Committee on National Legis- SisterReach, Shriver Center on Poverty Law,
lation, Futures Without Violence, Gender Silver in the City (Indianapolis, IN), Solu-
Act and the Americans with Disabil-
Justice, Grassroots Maternal and Child tions for Breastfeeding, Southern CA Coali- ities Act, for example. These Federal
Health, Leadership Initiative, Hadassah, The tion for Occupational Safety & Health, laws ensure workers are not being un-
Women’s Zionist Organization of America, Southwest Pennsylvania National Organiza- lawfully discriminated against and re-
Inc., Healthy and Free Tennessee, Healthy tion for Women, Southwest Women’s Law ceive reasonable accommodations re-
Mothers/Healthy Babies Coalition of Geor- Center, TASH, Technology Concepts Group lated to pregnancy, childbirth, or re-
gia, Healthy Work Campaign, Center for So- International, LLC, The Greenlining Insti- lated medical conditions.
cial Epidemiology, HER Development, Hoo- tute.
sier Action, Illuminate Colorado, In Our Own
My Republican colleagues and I agree
The Leadership Conference on Civil and
Voice: National Black Women’s Reproduc- Human Rights, The Little Timmy Project, with the underlying goal of H.R. 2694.
tive Justice Agenda, Indiana AFL-CIO. The Ohio Women’s Public Policy Network, That is why Republican Members on
Indiana Breastfeeding Coalition, Indiana The Zonta Club of Greater Queens, TIME’S the Education and Labor Committee
Catholic Conference, Indiana Chapter of UP Now, Ujima Inc: The National Center on negotiated in good faith with Chairman
Unite Here Local 23. Indiana Coalition Violence Against Women in the Black Com- SCOTT to make important and nec-
Against Domestic Violence, Indiana Friends munity, Ultra Violet, UnidosUS, United essary improvements to the bill, and I
Committee on Legislation, Indiana Institute Electrical, Radio and Machine Workers of
for Working Families, Indiana Statewide thank Chairman SCOTT for his willing-
America, United Food and Commercial
Independent Living Council, Indianapolis Workers, International Union (UFCW), ness to do so.
Urban League, Indy Chamber, Interfaith United Food and Commercial Workers Local H.R. 2694, as introduced, did not re-
Worker Justice, International Union, United 227, Union for Reform Judaism, United for quire a pregnant worker, in order to be
Automobile, Aerospace & Agricultural Im- Respect, United State of Women, United eligible for an accommodation, to be
plement Workers of America (UAW), Jewish States Breastfeeding Committee, United able to perform the essential functions
Women International Jobs With Justice, Steelworkers, United Way of Kentucky, Uni- of the job with a reasonable accommo-
Justice for Migrant Women, Kansas versity of Illinois at Chicago, School of Pub-
Breastfeeding Coalition, Inc., Kentucky
dation. This is a sensible provision now
lic Health, Division of Environmental & Oc-
Equal Justice Center, KWH Law Center for included in the bill with additional lan-
cupational Health Sciences, Vision y
Social Justice and Change, Labor Council for Compromiso, Voices for Children in Ne- guage that a temporary limitation,
Latin American Advancement (LCLAA), braska, Voices for Progress, Warehouse which prevents performance of an es-
Labor Project, LatinoJustice PRLDEF, Worker Resource Center, Western Center on sential function, may qualify for a rea-
Legal Aid at Work, Legal Momentum, The Law and Poverty. sonable accommodation.
Women’s Legal Defense and Education Fund, William E. Morris Institute for Justice, Ar- Further, a definition of ‘‘known limi-
Legal Voice, Louisiana Partnership for Chil- izona, Women4Change, Women’s Achieve- tations’’ related to pregnancy, child-
dren and Families. ment Network and Development Alliance,
Main Street Alliance, Maine Women’s
birth, or related medical conditions
Women & Girls Foundation, Women Em-
Lobby, Majaica, LLC , Make the Road New ployed, Women of Reform Judaism, Women’s was also initially excluded, but the bill
York, MANA, A National Latina Organiza- Center for Education and Career Advance- now includes such a definition and a re-
tion March of Dimes, Marion County Com- ment, Women’s Employment Rights Clinic quirement that employees commu-
mission on Youth, Inc. Massachusetts Coali- Golden Gate University, Women’s Founda- nicate the known limitation to the em-
tion for Occupational Safety & Health, tion of California, Women’s Fund of Greater ployer. This provision will help work-
Metro-Detroit Chapter of the Coalition of Chattanooga, Women’s Fund of Rhode Is- ers and their employers understand
Labor Union Women (CLUW), Michigan Im- land, Women’s Law Project, Women’s March,
their rights and responsibilities more
migrant Rights Center MOBB United for So- Women’s Rights and Empowerment Network,
cial Change, MomsRising, Monroe County Work Equity, Workers’ Center of Central clearly.
NOW, MS Black Women’s Roundtable, New York, Worker Justice Center of New Additionally, the original version of
Mujeres Unidas y Activas, NAACP, NARAL York, Worksafe, Workplace Fairness, YWCA H.R. 2694 appeared to allow employees
Pro-Choice America, NARAL Pro-Choice Greater Cincinnati, YWCA Mahoning Valley, a unilateral veto over offered accom-
Colorado, National Advocacy Center of the YWCA McLean County, YWCA New Hamp- modations, but the bill now clarifies
Sisters of the Good Shepherd, National Ad- shire, YWCA Northwestern Illinois, YWCA of that reasonable accommodations will
vocates for Pregnant Women, National Asian Van Wert County, YWCA USA, ZERO TO typically be determined through a bal-
Pacific American Women’s Forum THREE.
Mr. SCOTT of Virginia. Madam ance and interactive dialogue between
(NAPAWF), National Center for Law and
Speaker, I want to thank Mr. NADLER workers and employers, similar to the
Economic Justice, National Center for Les-
bian Rights, National Center for and Mr. KATKO for their leadership on process implemented under the ADA.
Transgender Equality, National Coalition The bill also now includes a provision
this legislation.
Against Domestic Violence, National Con- I urge my colleagues to support the ensuring that if an employer makes a
sumers League. bill, and I reserve the balance of my good faith effort to determine a reason-
National Council for Occupational Safety able accommodation through the inter-
and Health (COSH), National Council of Jew-
time.
Ms. FOXX of North Carolina. Madam active process with the employee, the
ish Women, National Council of Jewish employer is not liable for damages.
Women—California, National Domestic Speaker, I yield myself such time as I
may consume. Finally, H.R. 2694, as introduced, did
Workers Alliance, National Education Asso-
ciation, National Employment Law Project, Madam Speaker, I rise today in oppo- not limit its application to employers
National Employment Lawyers Association, sition to H.R. 2694, the Pregnant Work- with 15 or more employees, as do title
National Health Law Program, National Im- ers Fairness Act. VII of the Civil Rights Act and the
migration Law Center, National Network to House Republicans have long sup- ADA. The bill now includes a 15-em-
End Domestic Violence, National Organiza- ported protections in Federal law for ployee threshold.
tion for Women, National Partnership for all workers, but especially pregnant These bipartisan changes were con-
Women and Families, National Resource sidered and incorporated in the bill
workers, and we believe employers
Center on Domestic Violence, National WIC
should provide reasonable accommoda- passed out of the committee in Janu-
Association, NC National Organization for
Women (NC NOW), Nebraska Appleseed, tions for pregnant workers, empow- ary. Unfortunately, despite the nec-
NETWORK Lobby for Catholic Social Jus- ering them to achieve their highest po- essary improvements made to the
tice, New Working Majority, NJ Citizen Ac- tential. original bill, an important issue re-
tion; NJ Time to Care Coalition, North Caro- I speak not only as a concerned Con- mains unresolved. Namely, the legisla-
lina Justice Center, Oxfam America, PA gresswoman on this issue but also as a tion before us today does not currently
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NOW, Parent Voices CA, Path Ways PA, mother and a grandmother. Discrimi- include a longstanding provision from
PhilaPOSH. nation of any type should not be toler- the Civil Rights Act that protects reli-
Planned Parenthood Federation of Amer-
ica, Prevent Child Abuse NC, Physicians for ated, and no one should ever be denied gious organizations from being forced
Reproductive Health, Poligon Education an opportunity because of unlawful dis- to make employment decisions that
Fund, PowHer New York, Pride at Work, crimination. conflict with their faith.
Public Citizen, Quetzal, Restaurant Opportu- However, there are already impor- To address this omission, Repub-
nities Centers United, RESULTS, RICLUW, tant protections under Federal law to licans offered an amendment to include
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H4512 CONGRESSIONAL RECORD — HOUSE September 17, 2020
this narrow but longstanding provision as long as women have been in the movement at the federal, state, and local
when the bill was considered by the workforce, instead of being accommo- level to ensure pregnant workers can receive
committee. The Civil Rights Act pro- dated, they have been fired or forced the accommodations they need to remain
healthy and working. As I wrote in my 2012
tection, which already exists under out on leave when they become preg-
Op-Ed in The New York Times ‘‘Pregnant
current law, ensures religious organiza- nant. and Pushed Out of Job,’’ which sparked the
tions are not forced to make employ- These policies have become even PWFA’s introduction in Congress, ‘‘For
ment decisions that conflict with their more pronounced during the COVID–19 many women, a choice between working
faith. Unfortunately, committee Demo- pandemic. We have seen a wave of em- under unhealthy conditions and not working
crats defeated this amendment on a ployers firing pregnant workers rather is no choice at all.’’
party-line vote. than finding ways for them to safely Through our free, national legal helpline,
The purpose of America’s non- return to work. we have spoken with hundreds of pregnant
workers, disproportionately women of color,
discrimination laws, and the agencies These policies, as they too often do, who have been fired or forced out for needing
enforcing them, is to give all Ameri- are falling disproportionately on accommodations, often stripping them of
cans equal opportunities to succeed. women of color and low-wage, hourly their health insurance when they need it
That being said, overzealous govern- workers who suddenly find themselves most, driving them into poverty, and at
ment intervention often causes more without a paycheck, without health in- times, even homelessness. Other women we
harm than good. In the case of H.R. surance, and pregnant in the middle of have assisted were denied accommodations
2694, by failing to include a long- a global pandemic. but needed to keep working to support them-
standing Civil Rights Act provision, we The bipartisan Pregnant Workers selves and their families and faced dev-
astating health consequences, including mis-
are doing just that. As it is currently Fairness Act will fix how pregnancy ac- carriage, preterm birth, birth complications,
written, H.R. 2694 will create legal commodation is treated under the and other maternal health effects.
risks for religious organizations and Pregnancy Discrimination Act. In the past few months alone, we have
their religiously backed employment Courts have said that employers heard from women across the country who
decisions. must provide an accommodation to a continue to face termination or are forced
Last year, a Democrat-invited wit- pregnant employee if they accommo- out for needing pregnancy accommodations.
ness at the committee hearing on H.R. date nonpregnant employees similar in A retail store employee from Missouri who is
2694 highlighted Kentucky’s recently pregnant and due in November 2020 called us
their inability or ability to work. That
after she was forced to quit her job because
enacted pregnancy accommodation law means pregnant workers must have her employer refused to let her carry a water
as a template for Congress to follow. perfect knowledge of the medical and bottle on the retail floor even though she
Madam Speaker, I would like to read employment histories of every other was experiencing severe dehydration due to
that again. Last year, a Democrat-in- employee in their workplace, which is hot temperatures in the store this summer.
vited witness at the committee hearing nearly impossible. A massage therapist from Pennsylvania
on H.R. 2694 highlighted Kentucky’s re- In fact, a recent study by A Better called us in June 2020 requesting to return to
cently enacted pregnancy accommoda- Balance found that in over two-thirds work on a part-time basis on the advice of
tion law as a template for Congress to her OB–GYN after experiencing cramping in
of cases, courts denied an accommoda-
follow. Kentucky’s law includes a reli- her uterus. Her employer responded that
tion because pregnant workers could they would not accommodate her and cut off
gious organization protection very not meet this test. all communication with her after that, forc-
similar to the one found in the Civil I include in the RECORD a letter in ing her out of work just three months before
Rights Act and incorporated in the Re- support of this bill from A Better Bal- she was due to give birth. A nurse we spoke
publican-sponsored amendment. ance. with from Pennsylvania who was six months
At least 16 States and the District of SEPTEMBER 11, 2020. pregnant requested to avoid assignment to
Columbia in their pregnancy discrimi- Re The Pregnant Workers Fairness Act (H.R. the COVID–19 unit. Though her hospital was
nation or pregnancy accommodation 2694). not overwhelmed by the pandemic, had many
laws also include a provision similar to DEAR REPRESENTATIVE: On behalf of A Bet- empty beds, and other workers were being
ter Balance, I write to express our strong sent home, her employer refused her request
the Civil Rights Act religious organiza-
support for the Pregnant Workers Fairness and made heartless comments mocking her
tion protection. Even if certain Mem- need for accommodation. She decided not to
bers believe including such a provision Act (‘‘PWFA’’; H.R. 2694). This legislation
will ensure pregnant workers, particularly jeopardize her health and lost pay for miss-
in H.R. 2694 is somehow unnecessary, it ing those shifts as a result. She also worried
low-income workers and women of color, are
would do no harm to include the pro- not forced to choose between their paycheck about being called to the COVID unit shift
tection and, in doing so, address the and a healthy pregnancy. The bill will re- constantly.
concerns I have raised. I remain per- quire employers to provide reasonable ac- Without the law on their side, these
plexed why Chairman NADLER and commodations for pregnant workers unless women had little legal recourse because they
doing so would impose an undue hardship on lived in a state without a state-level preg-
Chairman SCOTT continue to oppose nant workers fairness law. On the other
the current law protection. the employer, similar to the accommodation
standard already in place for workers with hand, when a pregnant worker in upstate
The First Amendment guarantees all New York—where a state pregnancy accom-
disabilities.
Americans the freedom of religion, and modation is already in place—requested to
Nearly forty-two years after the passage of
for over 240 years, Supreme Court deci- the Pregnancy Discrimination Act, pregnant telecommute in June 2020 due to underlying
sions and laws written by Congress workers still face rampant discrimination on health issues, she was quickly able to engage
have maintained strong protections for the job and treatment as second-class citi- her employer in a good faith interactive
religious liberty. H.R. 2694 should do so zens, as I explained in detail in my Congres- process and her employer approved her re-
quest, allowing her to stay attached to the
as well. sional testimony before the House Education
& Labor Civil Rights and Human Services workforce and maintain a healthy pregnancy
Madam Speaker, I reserve the bal- amidst the pandemic. The COVID–19 pan-
ance of my time. Subcommittee in October 2019 as well as A
Better Balance’s May 2019 report, Long Over- demic has certainly shone a spotlight on the
Mr. SCOTT of Virginia. Madam critical need for clarity around pregnancy
due. We urge you to support healthy preg-
Speaker, I yield 2 minutes to the gen- accommodations but let us be clear: the need
nancies, protect pregnant workers’ liveli-
tleman from New York (Mr. NADLER), hoods, and end the systemic devaluation of for this law preceded our current public
the sponsor of this legislation and the women of color and vote YES on the Preg- health crisis and will remain in place beyond
chairman of the Judiciary Committee. nant Workers Fairness Act and NO on any the pandemic.
Mr. NADLER. Madam Speaker, preg- Motion to Recommit in connection with this CURRENT FEDERAL LAW IS FAILING PREGNANT
nancy is not a disability, but some- legislation. WORKERS: THE PREGNANT WORKERS FAIRNESS
A Better Balance is a national non-profit ACT IS THE SOLUTION
times pregnant workers need an easy
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fix, such as a stool or an extra bath- legal organization that advocates for women Gaps in federal law mean many pregnant
room break, to stay on the job. and families so they can care for themselves workers in need of accommodation are with-
and their loved ones without sacrificing out legal protection in non-PWFA states. As
These accommodations are short in
their financial security. Since our founding, we explained in our report Long Overdue,
duration and typically cost very little we have seen day in and day out the injus- ‘‘While the P[regnancy] D[iscrimination]
to provide, but they can mean the dif- tices that pregnant workers continue to face A[ct] bans pregnancy discrimination, it re-
ference between keeping your job or because they need modest, temporary preg- quires employers to make accommodations
putting your pregnancy at risk. But for nancy accommodations and have led the only if they accommodate other workers, or
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September 17, 2020 CONGRESSIONAL RECORD — HOUSE H4513
if an employee unearths evidence of dis- ism has led to the shameful reality that THE PREGNANT WORKERS FAIRNESS ACT USES A
crimination. The Americans with Disabil- Black women in this country are three to FAMILIAR FRAMEWORK THAT PROVIDES KEY
ities Act requires employers to provide rea- four times likelier to die from pregnancy-re- PROTECTIONS TO PREGNANT WORKERS AND
sonable accommodations to workers with lated causes than white women, and Black CLARITY TO EMPLOYERS
disabilities, which can include some preg- babies are more than two times as likely to The Pregnant Workers Fairness Act has
nancy-related disabilities. However, preg- die in the first year of life than white babies. several key provisions that will address the
nancy itself is not a disability, leaving a gap At the same time, we know Black women inequality pregnant workers continue to face
wherein many employers are in no way obli- also face devastating health consequences at work. Employers, including private em-
gated to accommodate pregnant workers in when they are unable to obtain needed preg- ployers with fifteen or more employees, will
need of immediate relief to stay healthy and nancy accommodations to maintain their be required to provide reasonable accom-
on the job.’’ health and the health of their pregnancies. modations to qualified employees absent
Original analysis we conducted for Long undue hardship on the employer. Both the
When Tasha Murell, a Black woman who
Overdue found that even though the 2015 Su- term ‘‘reasonable accommodation’’ and
worked at a warehouse in Tennessee, re-
preme Court Young v. UPS case set a new ‘‘undue hardship’’ have the same definition
ceived a doctor’s note saying she needed a
legal standard for evaluating pregnancy ac- as outlined in the American with Disabilities
commodation cases under the Pregnancy lifting restriction and complained of extreme
stomach pain, she was forced to continue Act. Similar to the Americans with Disabil-
Discrimination Act, in over two-thirds of ities Act, employers and employees must en-
cases decided since Young employers were lifting on the job. One day, she told a super-
visor she was in pain and asked to leave gage in an interactive process in order to de-
permitted to deny pregnancy workers accom- termine an appropriate accommodation. In
modations under the Pregnancy Discrimina- early. Her manager said no. Tragically, she
order to prevent employers from pushing
tion Act. That statistic, as devastating as it had a miscarriage the next day. Tasha was
pregnant employees out on leave when they
is, does not account for the vast majority of not alone. Three more of her co-workers,
need an accommodation, the bill specifies
pregnant workers who do not have the re- also Black, miscarried after supervisors dis-
that an employer cannot require a pregnant
sources to vindicate their rights in court. missed their requests for reprieve from employee to take leave if another reasonable
Beyond being resource strapped, most preg- heavy lifting. As Cherisse Scott, CEO of accommodation can be provided. The bill
nant workers we hear from do not have the Memphis-based Sister Reach, explained ‘‘It also includes clear anti-retaliation language
desire to engage in time-consuming and doesn’t surprise me that this is the culture such that employers cannot punish pregnant
stressful litigation. They want to be able to of that workplace. I think it’s important to workers for requesting or using an accommo-
receive an accommodation so they can con- look at the fact that since we arrived here in dation. This is critical as many pregnant
tinue working at the jobs they care about chains, we [African-American women] were workers often do not ask for accommoda-
while maintaining a healthy pregnancy. regarded as producers to fuel a labor force tions because they are afraid they will face
THE PREGNANT WORKERS FAIRNESS ACT IS A that couldn’t care less for us. . .’’ The Preg- repercussions for requesting or needing an
CRITICAL ECONOMIC SECURITY, MATERNAL nant Workers Fairness Act will ensure preg- accommodation.
HEALTH, AND RACIAL JUSTICE MEASURE nant workers and their health are valued and Critically, the Pregnant Workers Fairness
Pregnant workers that are fired or pushed that Black mothers, especially, are not Act is also very clear that a pregnant worker
out for needing accommodations face signifi- treated as expendable on the job. need not have a disability as defined by the
cant economic hardship. In addition to los- Americans with Disabilities Act in order to
THE PREGNANT WORKERS FAIRNESS ACT IS A BI- merit accommodations under the law. Rath-
ing their livelihood, many of these workers
PARTISAN BILL THAT HAS THE SUPPORT OF er, the bill indicates that pregnant workers
lose their health benefits at a time when
THIS COUNTRY’S LARGEST BUSINESS GROUPS with ‘‘known limitations related to preg-
they need them most, forcing them to switch
providers, delay medical care, and/or face The Pregnant Workers Fairness Act is not nancy, childbirth, and related medical condi-
staggering health care costs associated with a partisan bill. Not only does it have strong tions’’ are entitled to reasonable accom-
pregnancy and childbirth. We worked with bipartisan support in Congress, but thirty modations. ‘‘Known limitations’’ is defined
one woman who was eight months pregnant states and five cities including Tennessee, as a ‘‘physical or mental condition related
and whose hours were cut after she needed an to, affected by, or arising out of pregnancy,
Kentucky, South Carolina, West Virginia, Il-
accommodation which meant she also lost childbirth, or related medical conditions
linois, Nebraska, and Utah already have laws
her health insurance. As a result, she asked that the employee or employee’s representa-
requiring employers to provide accommoda-
her doctor if they could induce her labor tive has communicated to the employer
tions for pregnant employees. All of the laws whether or not such condition meets the def-
early so that she would not be left facing ex-
passed in recent years are highly similar to inition of disability’’ as set forth in the
orbitant medical bills. In the long term,
the federal legislation, and all passed with Americans with Disabilities Act. This ad-
being pushed out for needing pregnancy ac-
commodations also exacerbates the gender bipartisan, and often unanimous, support. dresses two of the challenges the Americans
wage gap, as it means losing out on many Many, including Tennessee’s and Ken- with Disabilities Act has presented for preg-
types of benefits such as 401K and retirement tucky’s, were championed by Republican leg- nant workers: first, because pregnancy is not
contributions, social security contributions, islators. itself a disability under current disability
pensions, as well as opportunities for pro- Pregnant workers are a vital part of our law, a pregnant worker who has no complica-
motion and growth. economy. Three-quarters of women will be tions but seeks an accommodation in order
Most pregnant workers may not need ac- both pregnant and employed at some point to avoid a complication, will not be able to
commodations. However, for those who do, during their lives. Ensuring pregnant work- get an accommodation under the Americans
reasonable accommodations can avert sig- ers can remain healthy and attached to the with Disabilities Act. Second, even though
nificant health risks. For instance, in a workforce is an issue of critical importance, Congress expanded the Americans with Dis-
Health Impact Assessment of state level especially as this country faces an unprece- abilities Act in 2008, courts have interpreted
pregnant workers fairness legislation, the dented economic crisis. That is why leading the ADA Amendments Act in a way that did
Louisville, Kentucky Department of Public little to expand coverage even for those preg-
business groups like the U.S. Chamber of
Health and Wellness concluded, ‘‘Accommo- nant workers with serious health complica-
Commerce, Society for Human Resources
dating pregnant workers, upon their request, tions. As one court concluded in 2018, ‘‘Al-
Management, many major corporations, and
is critical for reducing poor health outcomes though the 2008 amendments broadened the
local chambers around the country includ-
. . . Improving birth outcomes makes a sus- ADA’s definition of disability, these changes
ing, Greater Louisville Inc., one of Ken-
tainable impact for a lifetime of better only have had a modest impact when applied
tucky’s leading chambers of commerce, sup- to pregnancy-related conditions.’’
health.’’ The report noted that those poor
port this measure. The PWFA will provide Now, more than ever, the Pregnant Work-
health outcomes can include miscarriage,
preterm birth, low birth weight, much needed clarity in the law which will ers Fairness Act is an urgent maternal
preeclampsia (a serious condition and lead- lead to informal and upfront resolutions be- health, racial justice, and economic security
ing cause of maternal mortality), among tween employers and employees and help measure to keep pregnant workers healthy
other issues. According to the March of prevent problems before they start. Further- and earning a paycheck. We cannot delay
Dimes, in the U.S., nearly 1 in 10 babies are more, accommodations are short term and justice and fairness for pregnant workers
born pre-term and the preterm birth rate low cost. The Pregnant Workers Fairness any longer. For the sake of this country’s
among Black women is nearly fifty percent Act will help employers retain valuable em- pregnant workers and our nation’s families,
higher than it is for all other women. ployees and reduce high turnover and train- we implore Congress to put aside its many
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Preterm birth/low birthweight is a leading ing costs. The reasonable accommodation differences and pass this legislation with a
cause of infant mortality in America. The framework is also borrowed from the Amer- strong bipartisan vote. We ask every Member
Pregnant Workers Fairness Act is a key ican with Disabilities framework so employ- of Congress to vote YES on the Pregnant
measure to reduce poor maternal and infant ers are already familiar with the standard. Workers Fairness Act. It is long overdue.
health outcomes. Furthermore, keeping pregnant workers em- Sincerely,
Pregnancy accommodations are one of ployed saves taxpayers money in the form of DINA BAKST,
myriad solutions needed to address the unemployment insurance and other public Co-Founder & Co-President,
Black maternal health crisis. Systemic rac- benefits. A Better Balance.
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H4514 CONGRESSIONAL RECORD — HOUSE September 17, 2020
Mr. NADLER. Madam Speaker, that ness community, as well as over 180 the Civil Rights Act. The States in-
is why the Pregnant Workers Fairness women’s health, labor, and civil rights clude Arkansas, Hawaii, Iowa, Maine,
Act moves away from proving discrimi- organizations. Nebraska, New Jersey, New York, Ohio,
nation and creates an affirmative right Madam Speaker, I include in the Oklahoma, South Carolina, Tennessee,
to accommodation. Using the frame- RECORD a letter of support from a coa- Texas, Utah, Wisconsin, and Wyoming.
work and language of the Americans lition of business groups, including the It is a broad range of States in the
with Disabilities Act, the bill requires Chamber of Commerce, the Society for country.
employers to provide reasonable ac- Human Resource Management, and the Our attitude is the States can do
commodations to pregnant workers, as National Retail Federation. this, and we already have very, very
long as the accommodation does not SEPTEMBER 14, 2020. good protections at the Federal level.
impose an undue hardship on the em- TO MEMBERS OF THE U.S. HOUSE OF REP- Unless we are going to follow the ex-
RESENTATIVES: We urge Congress to pass the
ployer. ample of the States and include this
Pregnant Workers Fairness Act (H.R. 2694).
Courts know exactly how to interpret This bill would provide pregnant employees very important section 702 of the Civil
that language. Employers know ex- with important workplace protections while Rights Act, then maybe we should
actly what their responsibilities will also making sure employers have clear and leave this up to the States. We should
be. But most importantly, women will flexible options to ensure pregnant employ- be following their example and put
have the certainty they can safely stay ees can remain at work for as long as they that provision in this bill.
on the job. wish to do so. Madam Speaker, I reserve the bal-
That is why over 200 organizations The Pregnant Workers Fairness Act ance of my time.
(PWFA), as passed by the House Education
have endorsed the legislation and why Mr. SCOTT of Virginia. Madam
and Labor Committee, is a balanced ap-
30 States have passed pregnancy ac- proach that clarifies an employer’s obliga- Speaker, I yield myself such time as I
commodations laws similar to the tion to accommodate the known limitations may consume.
PWFA. of employees and job applicants that accom- Madam Speaker, section 702 is not re-
Providing reasonable accommoda- pany pregnancy. The PWFA uses an inter- pealed by this law, and according to
tions to pregnant workers helps busi- active, reasonable accommodation process the Congressional Research Service,
nesses, workers, and families. Passing similar to the Americans with Disabilities which studied this issue, all in all,
this bill is long overdue. Act and specifies a pregnant employee may State statutes providing for pregnancy
take leave only after the employer and em- accommodation generally incorporate
I thank Mr. KATKO for working with
ployee have exhausted the possibility of
his Conference on this bill and Chair- other reasonable accommodations.
generalized longstanding religious ex-
man SCOTT, Chairwoman BONAMICI, Eu- This bipartisan bill is a strong reminder emptions. In most cases, exemptions
nice Ikene, and the committee staff for that through good faith negotiations, legis- allow religious institutions to favor co-
shepherding the bill to the floor today. lative solutions to important workplace religionists. States typically do not
I urge a ‘‘yes’’ vote. questions and problems can be found. We be- enact separate or specialized religious
Ms. FOXX of North Carolina. Madam lieve that Congress should pass the PWFA exemptions for pregnancy accommoda-
Speaker, I reserve the balance of my with no changes. tion laws.
Sincerely, Madam Speaker, I yield 2 minutes to
time.
H.R. POLICY ASSOCIATION,
Mr. SCOTT of Virginia. Madam INTERNATIONAL FRANCHISE
the gentlewoman from Oregon (Ms.
Speaker, I yield 2 minutes to the gen- ASSOCIATION, BONAMICI), the chair of the Sub-
tleman from New York (Mr. KATKO), NATIONAL RETAIL committee on Civil Rights and Human
the lead Republican sponsor of the FEDERATION, Services.
Pregnant Workers Fairness Act. RETAIL INDUSTRY LEADERS Ms. BONAMICI. Madam Speaker, I
Mr. KATKO. Madam Speaker, I am a ASSOCIATION, rise in strong support of H.R. 2694, the
Republican, and I rise in strong sup- SOCIETY FOR HUMAN Pregnant Workers Fairness Act.
port of the Pregnant Workers Fairness RESOURCE MANAGEMENT, As a mom and a policymaker, I know
U.S. CHAMBER OF
Act. how important it is to protect the eco-
COMMERCE.
I was proud to join Chairman NADLER Mr. KATKO. Madam Speaker, an ex- nomic security of pregnant workers
and Representatives HERRERA cerpt from that says that this bipar- and working families; yet 41 years after
BEUTLER, MCBATH, and SCOTT in intro- tisan bill is a strong reminder that the passage of the Pregnancy Discrimi-
ducing this bill. through good faith negotiations, legis- nation Act, Federal law falls short of
Simply put, no mother-to-be or lative solutions to important work- guaranteeing that all pregnant workers
mother in this country should have to place questions and problems can be have reasonable workplace accom-
choose between being a parent and found. modations to protect their health and
keeping her job. It is high time for our Nation to pro- the health of their baby.
Unfortunately, current Federal law vide women in the workforce with the Reasonable accommodations can
lacks adequate protections to ensure basic rights and respect they deserve. I range from providing seating, water,
pregnant workers are able to remain strongly urge my colleagues to support and light duty to excusing pregnant
healthy in the workplace. With 30 passage of this important legislation. workers from tasks that involve dan-
States having already passed laws to gerous substances. But when pregnant
provide these protections, the need and b 1115 workers do not have access to the ac-
support for a Federal standard is clear. Ms. FOXX of North Carolina. Madam commodations they need, they are at
This bipartisan bill provides preg- Speaker, I yield myself such time as I risk of losing their job, being denied a
nant workers with an affirmative right may consume. promotion, or not being hired in the
to reasonable accommodations in the Madam Speaker, at the sole sub- first place.
workplace, while creating a clear and committee hearing on H.R. 2694 and at Unfortunately, pregnant workers suf-
navigable standard for employees to the committee markup, Democrat fer workplace discrimination at alarm-
follow. members encouraged the committee to ing rates. According to a survey from
These accommodations, as simple as follow the examples of States that had the National Partnership for Women
providing an employee with extra rest- enacted pregnancy accommodation and Families, more than 60 percent of
room breaks or a stool to sit on, should laws. However, the majority of these the women have experienced pregnancy
not be controversial. States have laws that are different discrimination on the job. Women of
The arguments against this bill made from H.R. 2694 because they do include color are overrepresented in low-wage,
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by some Members of my own party are important protections for religious or- physically demanding jobs and are,
based on inaccuracies and wrongfully ganizations. therefore, disproportionately harmed
detract from the importance of this At least 16 States and the District of by a lack of access to reasonable ac-
commonsense policy. Columbia have pregnancy discrimina- commodation.
Reflecting the widespread support for tion or pregnancy accommodations Last year, I chaired an Education
this legislation, the bill has received laws that include a religious organiza- and Labor Committee hearing on preg-
numerous endorsements from the busi- tion protection similar to section 702 of nancy discrimination. We heard very
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September 17, 2020 CONGRESSIONAL RECORD — HOUSE H4515
compelling testimony demonstrating Americans with Disabilities Act (ADA) to Vice President for
that far too many pregnant workers ensure that when such a request is made, Education & Work-
are denied access to reasonable work- employers and employees can engage in an place Justice, Na-
interactive process to determine whether the tional Women’s Law
place accommodations despite the ex- employee’s pregnancy related limitations Center.
isting Federal law providing for equal can be reasonably accommodated without an Ms. FOXX of North Carolina. Madam
treatment on the job. undue hardship to the employer. This will Speaker, I yield myself such time as I
Now my home State of Oregon is help ensure that employees are not forced to may consume.
helping to lead the way by passing bi- choose between a paycheck and a healthy Madam Speaker, at the Rules Com-
partisan legislation that requires rea- pregnancy.
The Pregnant Workers Fairness Act will mittee hearing on H.R. 2694 earlier this
sonable accommodations for pregnant week, the bill’s sponsor, Chairman
close gaps and clarify ambiguities in the law
workers. The new law has protected that have left too many pregnant workers NADLER, said it is not necessary to in-
pregnant women and also provided cer- unprotected for too long. The Pregnancy Dis- corporate into H.R. 2694 the Civil
tainty to the business community. But crimination Act (PDA), passed in 1978, guar- Rights Act’s provision that protects re-
we need to make sure that all pregnant antees the right not to be treated adversely ligious organizations. He stated that
workers, regardless of where they live, at work because of pregnancy, childbirth, or
because H.R. 2694 does not repeal this
can access the protections they need to related medical conditions, and the right to
be treated at least as well as other employ- provision, it will still be effective if
stay safe and healthy in the workplace. H.R. 2694 becomes law.
ees ‘‘not so affected but similar in their abil-
The bipartisan Pregnant Workers Color me skeptical; I strongly dis-
ity or inability to work.’’ Unfortunately,
Fairness Act is our opportunity to ad- many courts interpreted the PDA narrowly agree. H.R. 2694 will create legal jeop-
dress pregnancy discrimination and and allowed employers to refuse to accom- ardy for religious organizations, as I
protect the health, well-being, and eco- modate workers with medical needs arising have previously stated.
nomic security of pregnant and par- out of pregnancy, even when they routinely But for the sake of argument, let’s
enting workers and their families. By accommodated other physical limitations. In
assume the provision is superfluous.
clarifying the right of pregnant work- Young v. UPS, the Supreme Court held that
when an employer accommodates workers What would be the harm in including
ers to fair treatment in the workplace, the Civil Rights Act provision in H.R.
who are similar to pregnant workers in their
we will finally guarantee that pregnant ability to work, it cannot refuse to accom- 2694? At worst, the provision will be du-
workers get the accommodations they modate pregnant workers who need it simply plicative with the Civil Rights Act,
need without facing fear of discrimina- because it ‘‘is more expensive or less conven- causing no harm to workers or employ-
tion or retaliation. ient’’ to accommodate pregnant women too. ers.
Madam Speaker, I thank Chairman The Young decision was an important vic- Let’s remember that the Americans
SCOTT and Chairman NADLER for their tory for pregnant workers, but the standard with Disability Act of 1990, better
leadership. I urge my colleagues to sup- it set out still left many important questions
unanswered and created uncertainty for em-
known as the ADA, includes a religious
port this bipartisan bill. organization protection similar to the
ployers and employees about when exactly
Madam Speaker, I include in the one in the Civil Rights Act of 1964. The
the PDA requires pregnancy accommoda-
RECORD a letter from the National tions. In addition, the Americans with Dis- ADA provision has caused no harm.
Women’s Law Center in support of this abilities Act (ADA) requires employers to My conclusion is that the key spon-
legislation. make reasonable accommodations for em- sors of H.R. 2694 are saying the quiet
SEPTEMBER 11, 2020. ployees with disabilities. However, courts part out loud in their opposition to the
DEAR MEMBER OF CONGRESS: On behalf of have consistently held that pregnancy is not
the National Women’s Law Center, we urge religious organization protection in the
a disability. The Pregnant Workers Fairness
you to pass the Pregnant Workers Fairness Civil Rights Act of 1964.
Act would fill the holes left in these protec-
Act (H.R. 2694) and vote no on any motion to tions with a common-ground and common-
At the Rules Committee hearing this
recommit. The National Women’s Law Cen- sense approach that ensures pregnant work- week, Chairman SCOTT said the reli-
ter (‘‘the Center’’) has worked for over 45 ers are accommodated when the accommoda- gious organization protection should
years to advance and protect women’s equal- tions they need are reasonable and do not not be included in H.R. 2694 because it
ity and opportunity—and since its founding pose an undue hardship to employers. is overinclusive and would provide too
has fought for the rights of pregnant women Accommodating pregnant workers is not much protection. Is the chairman say-
in the workplace. For the last eight years, only good for working women and families,
the Center has been a leader in advocating
ing that the existing Civil Rights Act
it is good for business. Moreover, today,
for the Pregnant Workers Fairness Act, and protection for religious organizations
women make up about half the workforce.
for pregnancy accommodation protections in More women are continuing to work while should also be repealed? Again, this is
states across the country. The Pregnant they are pregnant, through later stages of a provision that has been in law for 55
Workers Fairness Act would clarify the law pregnancy. For example, two-thirds of years.
for employers and employees alike, requiring women who had their first child between 2006 As I have stated previously, the long-
employers to make reasonable accommoda- and 2008 worked during pregnancy, and 88 standing Civil Rights Act religious or-
tions for limitations arising out of preg- percent of these first-time mothers worked ganization protection should be added
nancy, childbirth, and related medical condi- into their last trimester. When employers to H.R. 2694. At worst, it would do no
tions, just as they already do for disabilities. accommodate pregnant workers, businesses
Providing accommodations ensures that
harm, and, at best, it will prevent a re-
reap the benefits of avoiding the costs of
women can work safely while pregnant in- turnover and keeping experienced employees
ligious organization from being re-
stead of being pushed out of work at a time on the job. And since pregnancy is tem- quired to violate its faith.
when their families need their income the porary, pregnancy accommodations are, by Madam Speaker, I reserve the bal-
most. definition, short-term; many of these accom- ance of my time.
Even before the COVID–19 pandemic, preg- modations are low and no cost. Mr. SCOTT of Virginia. Madam
nant workers were all too often denied medi- The time is now to pass the Pregnant Speaker, I yield 2 minutes to the gen-
cally needed accommodations—including Workers Fairness Act. Thirty states and the tlewoman from North Carolina (Ms.
simple accommodations like a stool to sit on District of Columbia have enacted provisions ADAMS), the chair of the Subcommittee
during a long shift or a bottle of water at a explicitly granting pregnant employees the
workstation. As the United States enters the on Workforce Protections.
right to accommodations at work, from Mas-
sixth month of COVID–19 lockdown, the need sachusetts, New York, and California, to
Ms. ADAMS. Madam Speaker, I
for clarity regarding employers’ obligations South Carolina, Utah, Nebraska, West Vir- thank the gentleman for yielding and
to provide accommodations for pregnant ginia and Tennessee. Millions of pregnant for his incredible support as chair of
workers has only increased. Across the coun- workers have benefited from these protec- the Education and Labor Committee.
try, as new information emerges about the tions, but a pregnant employee’s ability to Madam Speaker, over 40 years ago,
risks COVID–19 poses during pregnancy, work safely should not depend on where she after the Pregnancy Discrimination
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pregnant workers are urgently seeking, and lives. Act provided civil rights protections to
far too often being denied, accommodations We strongly urge you to support pregnant
pregnant people, it is shameful that we
like proper personal protective equipment, workers by voting for the Pregnant Workers
telework, moving to a less crowded work Fairness Act and rejecting any motion to re- still must address this issue today.
area or changing start times so as not to risk commit. If you have any questions, please Every year, roughly 250,000 people in
riding public transit during peak hours. The contact me. America are denied basic accommoda-
Pregnant Workers Fairness Act uses an al- Sincerely, tions to continue their work once preg-
ready-familiar framework modeled on the EMILY J. MARTIN, nant; and when these simple temporary
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H4516 CONGRESSIONAL RECORD — HOUSE September 17, 2020
adjustments in their work activities manding jobs that may lead to workers need- American College of Nurse-Midwives, Asso-
are denied, many face being fired or are ing modest accommodations to ensure a ciation of Maternal & Child Health Pro-
forced to take unpaid leave simply to healthy pregnancy. Too often, however, grams, Association of Women’s Health, Ob-
those requests are refused or ignored, forcing stetric and Neonatal Nurses, California WIC
protect their health and the health of pregnant workers of color to disproportion- Association, California Breastfeeding Coali-
their pregnancy. ately contend with unsafe working condi- tion, Children’s HealthWatch, Center for
This discrimination can take many tions. American Progress, Center for Reproductive
forms, but its impacts can be deadly. Black mothers have among the highest Rights, Community Catalyst, Families USA,
And, of course, these burdens fall dis- labor force participation rates in the country Healthy Mothers, Healthy Babies Coalition
proportionately on people and women and 80 percent of Black mothers are their of Georgia, Healthy Women, Human Rights
of color who are overrepresented in family’s primary breadwinner,’’ Yet, histori- Watch, In Our Own Voice: National Black
cally, Black women have been exploited in Women’s Reproductive Justice Agenda,
low-wage jobs that are physically de-
the workplace, and that exploitation con- Majaica, LLC, March for Moms, March of
manding, lack adequate workforce pro- tinues to this day. Though Black women Dimes, National Asian Pacific American
tections, or both. This is also one of only comprise 14.3 percent of the population, Women’s Forum (NAPAWF), National Black
the key reasons why I founded the nearly thirty percent of pregnancy discrimi- Nurses Association, National Birth Equity
Black Maternal Health Caucus with nation complaints are filed by Black Collaborative, National Institute for Repro-
Congresswoman LAUREN UNDERWOOD women.’’ This is because of the multiple ductive Health, National Network of Abor-
last year. forms of discrimination Black workers and tion Funds.
I am pleased that the House is taking other workers of color too often face in the National Partnership for Women & Fami-
up the Pregnant Workers Fairness Act workplace. As scholar Nina Banks has noted, lies, National Women’s Health Network, Na-
‘‘The legacy of black women’s employment tional Women’s Law Center, Nurse-Family
today, which will create a clear set of in industries that lack worker protections Partnership, Nutrition First—WIC Associa-
rules for employers to follow that re- has continued today since black women are tion of Washington State, National WIC As-
quires them to provide accommoda- concentrated in low-paying, inflexible serv- sociation, Ohio Black Maternal Health Cau-
tions for pregnant workers to continue ice occupations ...’’ Black women in low cus, Pennsylvania WIC Association,
to work and support their families. wage jobs working during pregnancy face lit- Perinatal Health Equity Foundation, Physi-
So today we are sending the message tle support from employers when safeguards cians for Reproductive Health, Planned Par-
that nowhere in America—nowhere in do not address pregnancy related accom- enthood Federation of America, Raising
America—should you have to worry modations. Faced with the threat of termi- Women’s Voices for the Health Care We
about the health of your pregnancy be- nation, loss of health insurance, or other Need, Shriver Center on Poverty Law,
benefits, Black pregnant people are often SisterLove Inc., Sister Reach, Society for
cause your employer won’t accommo- forced to keep working which can com- Maternal-Fetal Medicine, Tara Hansen
date you. Today we will tell millions of promise their health and the health of their Foundation, The Afiya Center, URGE: Unite
Americans that pregnancy won’t pre- pregnancy. for Reproductive & Gender Equity, U.S.
vent them from taking their dreams as The Pregnant Workers Fairness Act will Breastfeeding Committee, WIC Association
far as they can take them. positively impact Black women’s health and of NYS, Inc., Wisconsin WIC Association,
Madam Speaker, I include in the economic security. When Black pregnant YWCA of Greater Atlanta, ZERO TO THREE.
RECORD a letter from the Maternal people must continue working without ac- Ms. FOXX of North Carolina. Madam
Health Coalition, a group of public commodations, they risk miscarriage, exces- Speaker, I reserve the balance of my
sive bleeding, and other devastating health
health professionals, clinicians, and consequences. Black women have the highest
time.
maternal health organizations out- incidence of preterm birth and yet we know Mr. SCOTT of Virginia. Madam
lining their support for this legislation. that workplace accommodations such as re- Speaker, I yield 1 minute to the gentle-
SEPTEMBER 11, 2020. ducing heavy lifting, bending, or excessive woman from Pennsylvania (Ms. WILD),
Re Support the Pregnant Workers Fairness standing can help prevent preterm birth, the a member of the Committee on Edu-
Act. leading cause of infant mortality in this cation and Labor.
DEAR REPRESENTATIVE: As organizations country. Ms. WILD. Madam Speaker, I include
dedicated to ending racial injustice and sys- Black women are also at higher risk of
temic racism, including dismantling the rac-
in the RECORD a letter from business
preeclampsia, which is one of the leading
ism that contributes to this country’s Black leaders in support of the Pregnant
causes of maternal mortality. We are still
maternal health crisis, we write in strong learning about how to prevent this dan- Workers Fairness Act. These busi-
support of the Pregnant Workers Fairness gerous medical condition, yet we know that nesses range from Patagonia to
Act (H.R. 2694). Congress must do all it can simply allowing workers to take bathroom Chobani to Mastercard to Johnson &
to end the prejudice Black pregnant workers breaks can prevent urinary tract infections Johnson.
and pregnant workers of color continue to which are ‘‘strongly associated with SEPTEMBER 15, 2020.
face in the workplace. This includes making preeclampsia.’’ Similarly, ensuring pregnant DEAR MEMBERS OF CONGRESS: Women’s
sure when pregnant workers voice a need for workers can drink a sufficient amount of labor force participation is critical to the
reasonable accommodations that those needs water can also help pregnant workers main- strength of our companies, the growth of our
are met rather than penalized and that the tain their blood pressure, which is critically economy and the financial security of most
workplace is an environment where pregnant important since hypertensive disorders (high modern families. The private sector and our
workers of color do not fear asking for ac- blood pressure) are also a leading cause of nation’s elected leaders must work together
commodations. maternal morbidity and mortality. By put- to ensure that working women and families
The Black Maternal Health crisis remains ting a national pregnancy accommodation have the protections and opportunities they
frighteningly persistent and requires imme- standard in place, the Pregnant Workers need to participate fully and equally in the
diate attention and multi-faceted solutions. Fairness Act has the potential to improve workplace. Twenty leading companies from
Black women experience maternal mortality some of the most serious health con- across states and industries have come to-
rates three to four times higher than white sequences Black pregnant people experience. gether in support of pregnant workers and
women. The circumstances surrounding this Furthermore, the Pregnant Workers Fair- their families by calling on Congress to pass
alarming statistic can often be attributed to ness Act will help remove one of the many H.R. 2694, the bipartisan Pregnant Workers
a lack of access to care, including due to in- barriers Black pregnant people face at work Fairness Act, without delay.
flexible workplaces, and deep biases in racial by ensuring they are afforded immediate re- More than 40 years ago, Congress passed
understanding. Various social determinants lief under the law, and not thrown into fi- the Pregnancy Discrimination Act of 1978,
such as health, education, and economic sta- nancial dire straits for needing pregnancy which made it illegal to discriminate against
tus drastically influence the outcomes of accommodations. most working people on the basis of preg-
pregnancy for Black women leading to se- Congress has the opportunity to pass legis- nancy, childbirth or related medical condi-
vere pregnancy-related complications. As lation to support rather than subjugate tions. Since that time, 30 states and the Dis-
the Black Mamas Matter Alliance has point- Black pregnant workers and workers of trict of Columbia now require certain em-
ed out ‘‘Health is determined in part by our color. We urge every member of the House of ployers to provide accommodations to preg-
access to social and economic opportunities, Representatives to support the Pregnant nant employees at work. It’s now time to
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the resources and supports that are available Workers Fairness Act and by extension, the clarify and strengthen existing federal pro-
in the places where we live, and the safety of health and economic wellbeing of Black tections for pregnant workers by passing the
our workplaces . . . however, disparities in pregnant workers and pregnant workers of Pregnant Workers Fairness Act. This bill
these conditions of daily life give some peo- color. would ensure that pregnant workers who
ple better opportunities to be healthy than Thank you for your time and attention. need reasonable accommodations can receive
others.’’ Black pregnant workers along with Sincerely, them and continue to do their jobs.
Latinx and immigrant women are dispropor- Black Mamas Matter Alliance, A Better As a business community, we strive to cre-
tionately likely to work in physically de- Balance, American Civil Liberties Union, ate more equitable workplaces and better
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September 17, 2020 CONGRESSIONAL RECORD — HOUSE H4517
support pregnant workers and their families Madam Speaker, I thank leadership, cally necessary workplace accommodations
every day. We urge the passage of the Preg- the ACLU, and the Chamber of Com- can include allowing additional bathroom
nant Workers Fairness Act as an important merce for endorsing this bill. I urge a breaks, opportunities to stay hydrated, lift-
advancement toward ensuring the health, ing restrictions, or access to a chair or stool
‘‘yes’’ vote.
safety and productivity of our modern work- to decrease time spent standing.
force—and the workforce of tomorrow. Ms. FOXX of North Carolina. Madam Unfortunately, too many pregnant work-
Signed: Speaker, I reserve the balance of my ers, particularly pregnant people of color,
Adobe, San Jose, California; Amalgamated time. face barriers to incorporating even these
Bank, New York, New York; BASF Corpora- Mr. SCOTT of Virginia. Madam small changes to their workdays. Workplace
tion, Florham Park, New Jersey; Care.com, Speaker, I yield 2 minutes to the gen- accommodations help safeguard a healthy
Inc., Waltham, Massachusetts; Chobani, Nor- tlewoman from Washington (Ms. pregnancy or prevent harm to a higher-risk
wich, New York; Cigna Corp., Bloomfield, SCHRIER), a distinguished member of pregnancy. Across the country, pregnant
Connecticut; Expedia Group, Seattle, Wash- workers continue to be denied simple, no-
ington; Facebook, Menlo Park, California;
the Education and Labor Committee.
cost or low-cost, temporary adjustments in
Gap Inc., San Francisco, California; H&M Ms. SCHRIER. Madam Speaker, I had their work settings or activities and instead
USA, New York, New York; ICM Partners, a high-risk pregnancy, complicated by risk being fired or forced to take unpaid
Los Angeles, California; Johnson & Johnson, both advanced maternal age and 24 leave to preserve the health of their preg-
New Brunswick, New Jersey; L’Oréal USA, years of type 1 diabetes. I worked until nancy. Low-wage pregnant workers in phys-
New York, New York; Levi Strauss & Co., 2 days before my C-section, and I am so ically demanding jobs, which are dispropor-
San Francisco, California; Mastercard, Pur- grateful that my employer allowed for tionately occupied by people of color, feel
chase, New York; Microsoft Corporation, minor accommodations which allowed the impact most acutely. This impossible
Redmond, Washington; Navient, LLC., Wil- choice forces many pregnant workers to con-
me to continue to work.
mington, Delaware; Patagonia, Ventura, tinue working without accommodations,
California; PayPal, San Jose, California; Women are half of our workforce, and
putting women and their pregnancies at risk
Postmates, San Francisco, California; 75 percent of those women will become of long-lasting and severe health con-
Salesforce, San Francisco, California; pregnant at some point. Supporting sequences.
Spotify, New York, New York; Square, Inc., women during their pregnancies is just The Pregnant Workers Fairness Act is a
San Francisco, California; U.S. Women’s as important as prenatal care, immuni- measured approach to a serious problem. As
Chamber of Commerce, Washington, District zations, affordable childcare, and pub- public health professionals, health care clini-
of Columbia. lic education. We can do that by pass- cians, and maternal health organizations, we
The Sustainable Food Policy Alliance: understand the importance of reasonable
Danone North America PBC, White Plains,
ing this bill, as well as supporting pro-
workplace accommodations to ensure that
New York; Mars, Incorporated, McLean, Vir- grams like WIC that help new and ex- pregnant persons can continue to provide for
ginia; Nestĺe USA, Arlington, Virginia; pectant parents to provide the proper their families and have safe and healthy
Unilever United States, Englewood Cliffs, nutrition and developmental supports pregnancies. We collectively urge swift pas-
New Jersey. to their babies. sage of the Pregnant Workers Fairness Act.
Ms. WILD. Madam Speaker, as a We all benefit from healthy preg- Sincerely,
former lawyer who worked long hours nancy outcomes. 1,000 Days; American College of Nurse-Mid-
during two pregnancies, it is out- It costs us all when a baby is born wives; American College of Obstetricians and
rageous to me that, in 2020, 100 years prematurely and requires months in in- Gynecologists; Association of Maternal &
Child Health Programs; Association of Wom-
after women finally secured the power tensive care.
en’s Health, Obstetric and Neonatal Nurses;
to vote, current law does not explicitly It costs us all when a fetus is exposed Black Mamas Matter Alliance; California
guarantee every pregnant worker the to toxins in utero because we couldn’t Breastfeeding Coalition; California WIC As-
right to a reasonable accommodation protect the mother from an unhealthy sociation; Center for Reproductive Rights;
at work. environment and that child then suf- Children’s HealthWatch.
I had the luxury of a desk and chair fers a lifetime of damage that will re- Families USA; Healthy Mothers, Healthy
and an office door that closed—not all quire public support. Babies Coalition of Georgia; HealthyWomen;
workers do. It costs us all when half of our work- Human Rights Watch; In Our Own Voice: Na-
Currently, in order to get an accom- force may lose or leave their jobs be- tional Black Women’s Reproductive Justice
Agenda; Majaica, LLC; March for Moms;
modation, a pregnant worker must cause pregnant women and mothers are March of Dimes; National Black Nurses As-
show that other nonpregnant employ- not welcomed or supported in the sociation; National Birth Equity Collabo-
ees are similarly accommodated. It is workplace. rative; National Institute for Reproductive
beyond absurd. Because the challenges Madam Speaker, I include in the Health.
of pregnancy are so unique, it is often RECORD a letter from over 40 public National Network of Abortion Funds; Na-
difficult to find comparable nonpreg- health organizations, clinicians, and tional WIC Association; National Women’s
nant workers who received similar ac- maternal health providers who support Health Network; Nutrition First—WIC Asso-
commodations. this bill. ciation of Washington State; Pennsylvania
SEPTEMBER 14, 2020. WIC Association; Perinatal Health Equity
Fatigue, vomiting, back pain, and Foundation; Physicians for Reproductive
frequent urination are more than just Re Support the Pregnant Workers Fairness
Act. Health; Planned Parenthood Federation of
nuisances; these are symptoms that America; Raising Women’s Voices for the
DEAR REPRESENTATIVE: The undersigned
can make it impossible to work with- Health Care We Need; Shriver Center on Pov-
public health professionals, health care clini-
out accommodation. And that is with- cians, and maternal health organizations erty Law.
out mentioning the more serious condi- dedicated to the health and well-being of SisterReach; Society for Maternal-Fetal
tions related to pregnancy. mothers, infants, and families enthusiasti- Medicine; Tara Hansen Foundation; The
The Pregnant Workers Fairness Act cally support the Pregnant Workers Fairness Afiya Center; URGE: Unite for Reproductive
& Gender Equity; U.S. Breastfeeding Com-
secures for women basic rights to earn Act (H.R. 2694). Modeled after the Americans
mittee; WIC Association of NYS, Inc.; Wis-
a living without jeopardizing their with Disabilities Act, the bill would require
employers to provide reasonable, temporary consin WIC Association; YWCA of Greater
health or the baby’s. Atlanta; ZERO TO THREE.
The SPEAKER pro tempore (Ms. workplace accommodations to pregnant
workers as long as the accommodation does Ms. SCHRIER. Madam Speaker, the
TORRES SMALL of New Mexico). The not impose an undue hardship on the em- bipartisan Pregnant Workers Fairness
time of the gentlewoman has expired. ployer. This bill is critically important be- Act simply ensures that reasonable ac-
Mr. SCOTT of Virginia. Madam cause no one should have to choose between commodations are made to help preg-
Speaker, I yield an additional 30 sec- having a healthy pregnancy and a paycheck. nant women work safely, and, in turn,
onds to the gentlewoman from Penn- Three-quarters of women will be pregnant the economy is stronger, family out-
sylvania (Ms. WILD). and employed at some point in their lives.
comes are better, and children can
SSpencer on DSK126QN23PROD with HOUSE
Ms. WILD. Madam Speaker, it pro- Most pregnant workers can expect a routine
pregnancy and healthy birth. However, start life strong and healthy. Everyone
tects workers with known limitations wins.
health care professionals have consistently
related to childbirth, because it is time
that we recognize that mental health
recommended that some pregnant individ- b 1130
uals make adjustments in their work activi-
conditions like postpartum depression ties to sustain a healthy pregnancy and pre- Ms. FOXX of North Carolina. Madam
are real and tangible medical condi- vent adverse pregnancy outcomes, including Speaker, I reserve the balance of my
tions. preterm birth or miscarriage. These medi- time.
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H4518 CONGRESSIONAL RECORD — HOUSE September 17, 2020
Mr. SCOTT of Virginia. Madam income, and they may struggle to re-enter a ees and all private sector employees at
Speaker, can you advise how much job market that is particularly harsh for companies with more than 15 workers.
time is remaining on each side? people who are currently or were recently This is not just an economic ques-
The SPEAKER pro tempore. The gen- pregnant.
Pregnancy discrimination affects women
tion. It is a moral question. Like many
tleman from Virginia has 15 minutes across race and ethnicity, but women of of you, I was horrified by reports that
remaining, and the gentlewoman from color and immigrants are at particular risk. doctors at ICE detention centers per-
North Carolina has 181⁄2 minutes re- They are disproportionately likely to work formed hysterectomies on women with-
maining. in jobs and industries where accommoda- out their consent. It is unimaginable.
Mr. SCOTT of Virginia. Madam tions during pregnancy are not often pro- It is inhumane and diminishes, dehu-
Speaker, I yield 2 minutes to the gen- vided (such as home health aides, food serv- manizes and disrespects women.
tlewoman from Connecticut (Ms. ice workers, package handlers and cleaners). To all who preach a culture of life, to
DELAURO), the chair of the Sub- Black women are much more likely than
all who champion the dignity of work,
white women to file pregnancy discrimina-
committee on Labor, Health and I say let us seize the opportunity be-
tion charges; they are also at a higher risk
Human Services, Education and Re- for pregnancy-related complications like fore us to protect life.
lated Agencies. pre-term labor, preeclampsia and hyper- The SPEAKER pro tempore. The
Ms. DELAURO. Madam Speaker, I tensive disorders, making reasonable accom- time of the gentlewoman has expired.
rise in support of the bill, and I submit modations on the job even more important, Mr. SCOTT of Virginia. Madam
for the RECORD this letter from the Na- and loss of wages and health insurance due Speaker, I yield an additional 30 sec-
tional Partnership for Women & Fami- to pregnancy discrimination especially chal- onds to the gentlewoman from Con-
lies, a nonprofit, nonpartisan advocacy lenging. necticut.
organization committed to improving To date, thirty-one states including the
District of Columbia and four cities have Ms. DELAURO. Madam Speaker, to
the lives of women and families by passed laws requiring employers to provide all who preach a culture of life, to all
achieving equity for all women. reasonable accommodations to pregnant who champion the dignity of work, I
SEPTEMBER 15, 2020. workers. But the ability to maintain a say, Let us seize this opportunity be-
The National Partnership for Women & healthy pregnancy and keep a job should not fore us to protect life, to respect
Families is a non-profit, non-partisan advo- depend on where a pregnant person works.
cacy organization committed to improving women, to protect pregnant women at
Women are a crucial part of the workforce work and to do so with the strength,
the lives of women and families by achieving and their participation matters for the
equity for all women. Since our creation as not of just words, but with the strength
growth of our economy and for the stability
the Women’s Legal Defense Fund in 1971, we and wellbeing of families nationwide. The of the law. Let us pass this bipartisan
have fought for every significant advance for Pregnant Workers Fairness Act would bill.
equal opportunity in the workplace, includ- strengthen existing federal protections, en- Ms. FOXX of North Carolina. Madam
ing the Pregnancy Discrimination Act of 1978 sure more equitable workplaces and allow Speaker, I reserve the balance of my
and the Family and Medical Leave Act of women to remain in the workforce and main- time.
1993 (FMLA). We write today in strong sup- tain their economic stability while having
port for H.R. 2694, the Pregnant Workers
Mr. SCOTT of Virginia. Madam
the accommodations necessary for healthy Speaker, I yield 1 minute to the gentle-
Fairness Act. This bipartisan legislation will pregnancies. It is time to clarify and
support pregnant workers on the job, im- woman from Georgia (Mrs. MCBATH), a
strengthen existing federal protections for
proving women’s and families’ economic se- pregnant workers by passing the Pregnant
distinguished member of the Com-
curity and promoting healthier pregnancies. Workers Fairness Act. mittee on Education and Labor.
More than 40 years ago, Congress passed Mrs. MCBATH. Madam Speaker, I
Sincerely,
the Pregnancy Discrimination Act of 1978, thank the gentleman for yielding and
DEBRA L. NESS,
outlawing discrimination on the basis of
pregnancy, childbirth or related medical
President, National Partnership for for bringing this vital legislation to
Women & Families. the floor.
conditions. Yet pregnancy discrimination is
still widespread and impacts pregnant work- Ms. DELAURO. The bipartisan Preg- The Pregnant Workers Fairness Act
ers across industry, race, ethnicity and juris- nant Workers Fairness Act is vital for will ensure that no woman is unfairly
diction. Nearly 31,000 pregnancy discrimina- women like Regina Scates, a fire- fired or forced to risk the health of
tion charges were filed with the U.S. Equal fighter in Connecticut. She was placed themselves or their pregnancy just to
Employment Opportunity Commission on unrequested, unpaid leave when she earn a paycheck. Our mothers deserve
(EEOC) and state-level fair employment got pregnant, even though she was still these Federal protections.
practice agencies between 2010 and 2015, and capable of performing light duty work. We want all to support our working
the reality of pregnancy discrimination is
She was left to ask: ‘‘How am I going mothers. Allowing them simple accom-
likely much worse than illustrated by EEOC
charges. As a result of this discrimination, to be able to feed my family?’’ modations can ensure that they are
too many women must choose between their Today, 88 percent of first-time moth- able to continue working and provide a
paychecks and a healthy pregnancy. That’s ers work in the third trimester, yet an living for themselves and for their fam-
not a choice anyone should have to make. estimated 250,000 requests for reason- ilies.
The Pregnant Workers Fairness Act would able accommodations go unheard and Twenty-seven States have already
create a clear policy standard requiring em- unapproved. And women of color are passed laws that require certain em-
ployers to provide reasonable accommoda- disproportionately impacted, being
tions to pregnant workers. Support for a law
ployers to provide accommodations to
like the Pregnant Workers Fairness Act is
overrepresented in low-wage jobs where pregnant women. It is time for federal
nearly universal and bipartisan. Eighty-nine accommodations during pregnancy are action to ensure that all pregnant
perfect of voters favor this bill, including 69 not often provided, like healthcare women are protected from discrimina-
percent of voters who strongly favor it. Just aides and food service workers. tion and continue to support their fam-
this Congress, twenty-eight leading private So we seek to build on the 1978 Preg- ilies. This legislation is supported by
sector employers endorsed the Pregnant nancy Discrimination Act, the first so- both women’s health groups and the
Workers Fairness Act in an open letter to cial policy ever to be enacted into law business community.
Congress. to provide protection to working moth-
More than 85 percent of women will be- I have here a letter from the U.S.
come mothers at some point in their work-
ers. And we must. Chamber of Commerce voicing strong
ing lives. And sometimes, an accommodation Decisions from the Supreme Court support for this legislation, and I sub-
is needed in order for a pregnant worker to have made it exceedingly difficult for mit this letter for the RECORD.
continue performing their job. Those accom- women to get reasonable accommoda- CHAMBER OF COMMERCE OF THE
modations are often small changes to their tions under current law even when the UNITED STATES OF AMERICA,
work environment such as additional bath- adjustments could be as small as a September 14, 2020.
SSpencer on DSK126QN23PROD with HOUSE
room breaks, a stool to sit on or the ability chair and the stakes could be as enor- TO THE MEMBERS OF THE U.S. HOUSE OF
to have a water bottle at their work station. mous as a miscarriage or preterm REPRESENTATIVES: The U.S. Chamber of
Although minor, these accommodations Commerce strongly supports H.R. 2694, the
allow pregnant workers to stay in the work-
birth. ‘‘Pregnant Workers Fairness Act (PWFA).’’
force and continue to provide for themselves It is modeled after the Americans As reported by the Committee on Education
and their families. When pregnant workers with Disabilities Act. It establishes a and Labor, this bipartisan compromise would
are fired, demoted, or forced into unpaid clear-cut right to reasonable accom- protect the interests of both pregnant em-
leave, they and their families lose critical modations for all public sector employ- ployees and their employers. The Chamber
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September 17, 2020 CONGRESSIONAL RECORD — HOUSE H4519
will consider including votes on this legisla- In the year 2020, Federal protections nant workers can maintain their health and
tion in our How They Voted scorecard. for pregnant workers are stuck in the the health of their pregnancies by inserting
Employers currently face great uncer- 1950s. unnecessary, harmful, and politically divi-
tainty about whether, and how, they are re- sive language into this bill undermines our
Current law does not explicitly guar- obligation to protect pregnant workers
quired to accommodate pregnant workers.
The revised PWFA would clarify an employ- antee all pregnant workers the right to across our country.
er’s obligation to accommodate a pregnant reasonable accommodations so they While many pregnant individuals continue
employee or applicant with a known limita- can work without jeopardizing their working throughout their pregnancies with-
tion that interferes with her ability to per- pregnancies. Reasonable accommoda- out incident, there are instances when minor
form some essential functions of her posi- tions like a glass of water or a place to accommodations are necessary at the work-
tion. place to ensure the safety of the expecting
sit. These are sensible and, quite frank-
The PWFA takes advantage of the widely mother and the baby. All too often, requests
ly, simple requests. for simple workplace accommodations like a
known and accepted interactive process asso- I was pregnant with my twins and
ciated with the Americans with Disabilities stool to sit, a water bottle, or a bathroom
Act (ADA) that is used to find reasonable ac-
then again with my youngest daughter break are denied. Within the COVID–19 con-
commodations for employees covered by the when I served in the State legislature. text, such critical accommodations might
ADA, and also carries forward the 15-or- While there were obstacles, I could ask include proper protective equipment,
more-employee threshold from the ADA. for accommodations and did so without telework, or staggered work schedules that
The Chamber worked extensively with ad- fear, but it was still a struggle to se- offer employees commute times which avoid
vocates for this bill to find bipartisan agree- crowded public transportation and increased
cure them, even for a State legislator.
ment. This important bill is a reminder that exposure. Currently, pregnant workers may
Unfortunately, this is the case for continue to work without necessary accom-
through good faith negotiations, legislative many pregnant workers.
solutions to important questions and prob- modations because they fear losing their jobs
We know that COVID–19 has only ex- and need the income, thus endangering their
lems can be achieved. We urge the House to
pass the Pregnant Workers Fairness Act.
acerbated health inequalities for health or the health of their pregnancy.
Sincerely, women, especially women of color. In Without these protections, it is not uncom-
JACK HOWARD. fact, the most common low-paid jobs mon for pregnant workers to be let go or
for women, like nurses and home forced out onto unpaid leave for requesting
Ms. MCBATH. Madam Speaker, I urge
accommodations. Many others must quit
my colleagues to vote ‘‘yes’’ on this health aides, are on the pandemic front
their job to avoid risking the health of their
legislation. lines. pregnancy.
Ms. FOXX of North Carolina. Madam Pregnant women across this country Passing the Pregnant Workers Fairness
Speaker, I reserve the balance of my are literally putting their lives on the Act is a moral and economic imperative;
time. line. Yet, too often, instead of pro- two-thirds of women who had their first
Mr. SCOTT of Virginia. Madam viding a pregnant worker with an ac- child between 2006 and 2008 worked during
commodation routinely given to other pregnancy, and 88 percent of these first-time
Speaker, I yield 1 minute to the gentle-
workers, her employer will fire her, de- mothers worked into their last trimester.
woman from New York (Mrs. CAROLYN Keeping these women healthy and in the
B. MALONEY), the chair of the Com- priving her of a paycheck and health workforce is paramount to family economic
mittee on Oversight and Reform. insurance at a time when she needs security. Nearly 25 million mothers with
Mrs. CAROLYN B. MALONEY of New them most. children under 18 are in the workforce, mak-
York. Madam Speaker, I thank the Pregnant workers must never have to ing up nearly 1 in 6 of all workers. And about
gentleman for yielding and for his lead- choose between maintaining a healthy 3 in 4 mothers in the workforce are working
ership. pregnancy and losing their jobs, espe- full time. Millions of families rely on their
cially now when both their health and earnings. In 2017, 41 percent of mothers were
Madam Speaker, I rise in support of
the sole or primary breadwinners in their
this bill. As a member of the New York economic security are crucial.
families, while 23.2 percent of mothers were
City Council, I became the first woman The demand for the Pregnant Work- co-breadwinners. Whole families suffer when
in history to give birth while in office ers Fairness Act even stretches across pregnant workers are forced out of a job.
as a council member. There had been religious, ideological and party lines. The undersigned religious and faith-based
many men who had become fathers, but Madam Speaker, I include in the groups are united in support of the Pregnant
I was the first woman. So I know first- RECORD a letter on behalf of faith- Workers Fairness Act. We strongly urge you
based organizations in support of this to vote for the Pregnant Workers Fairness
hand how physically draining and Act, and to vote against any motion to re-
stressful it is to work while pregnant. vital legislation.
SEPTEMBER 11, 2020. commit that may be offered.
Some of the only good news coming Sincerely, the undersigned:
DEAR REPRESENTATIVE: On behalf of the
out of the COVID–19 lockdown is that undersigned religious and faith-based organi- Ameinu, Arizona Jews for Justice, Aytzim:
there has been a dramatic drop in the zations representing a diversity of faith tra- Ecological Judaism, Bend the Arc: Jewish
number of premature births. Action, Catholic Labor Network, Church
ditions and communities across the nation,
In Denmark, the rate of babies born World Service, Columban Center for Advo-
we write today in support of healthy work-
cacy and Outreach, Congregation of Our
preterm dropped by 90 percent during place environments and conditions for preg-
Lady of Charity of the Good Shepherd, U.S.
the lockdown. So the accommodations nant workers. We urge you to pass the Preg-
Provinces, Faith Action Network, Faith Ac-
in this bill can keep mothers and ba- nant Workers Fairness Act (H.R. 2694). Peo-
tion Network—Washington State, Francis-
bies safe. It is strongly pro-family. ple of faith across the ideological spectrum
can Action Network, Friends Committee on
understand that prioritizing the health and
This bill is an incredible step in the safety of pregnant workers should not be a
National Legislation, Keshet, Jewish Alli-
right direction. Once we ratify the ance for Law and Social Action.
partisan issue. The Pregnant Workers Fair- Jewish Family & Children’s Service of
Equal Rights Amendment, we will have ness Act would ensure that pregnant workers Greater Boston, Jewish Women Inter-
an anchor in the Constitution to pass can continue safely working to support their national, Justice Revival, National Advo-
even more robust protections for families during a pregnancy. The bill re- cacy Center of the Sisters of the Good Shep-
women and families. quires employers to make the same sort of herd, National Council of Churches, National
I urge a strong ‘‘yes.’’ It is long over- accommodations for pregnant workers as are Council of Jewish Women, Network of Jew-
due. already in place for workers with disabil- ish Human Service Agencies, NETWORK
ities. Lobby for Catholic Social Justice, Pax Chris-
Ms. FOXX of North Carolina. Madam Our faith traditions affirm the dignity of
Speaker, I reserve the balance of my ti USA, T’ruah: The Rabbinic Call for Human
pregnant individuals and the moral impera- Rights, United Church of Christ, Justice and
time. tive of ensuring their safety. We also affirm Witness Ministries, Union for Reform Juda-
Mr. SCOTT of Virginia. Madam the dignity of work and the obligation to ism, Uri L’Tzedek, Women of Reform Juda-
Speaker, I yield 2 minutes to the gen- treat workers justly. It is immoral for an ism.
tlewoman from Florida (Ms. employer to force a worker to choose be- Ms. WASSERMAN SCHULTZ. People
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WASSERMAN SCHULTZ). tween a healthy pregnancy and earning a liv- of faith and across the ideological spec-
Ms. WASSERMAN SCHULTZ. ing. By passing the bipartisan Pregnant
Workers Fairness Act (H.R. 2694), Congress
trum recognize that prioritizing the
Madam Speaker, I rise in strong sup- health and safety of pregnant workers
will ensure that workers who arc pregnant
port of the Pregnant Workers Fairness will be treated fairly in the workforce and should not be a partisan issue.
Act, a bipartisan proposal that finally can continue earning income to support It is past time for workplaces to ac-
secures clear protections for pregnant themselves and their families. Efforts to dis- commodate our families and protect
workers. tract from the central goal of ensuring preg- pregnant workers. They are the ones
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H4520 CONGRESSIONAL RECORD — HOUSE September 17, 2020
who keep our economy and commu- place accommodations to mitigate complica- Ending discrimination against preg-
nities running. tions before they arise. During the second nant workers is a critical component in
I urge my colleagues to vote ‘‘yes’’ and third trimester, additional stress re- closing the economic divide between
on this long overdue legislation. quires that the lungs work harder to provide
men and women in our country.
Ms. FOXX of North Carolina. Madam oxygen as the heart supplies blood through-
out the body and for the fetus. Some preg- Before coming to Congress, I ran
Speaker, I reserve the balance of my nant people have chronic health diseases, Colorado’s Consumer Protection Agen-
time. such as diabetes and cardiovascular disease, cy, which included our State civil
Mr. SCOTT of Virginia. Madam and need to take extra precautions to man- rights division, and I saw up close in
Speaker, I yield 1 minute to the gentle- age the condition. Moreover, additional the complaints that we adjudicated the
woman from Michigan (Ms. TLAIB). stress during pregnancy may be caused by unfortunate reality is that women are
Ms. TLAIB. Madam Speaker, I sub- physical discomfort and other changes in often denied even the simplest of work-
mit for the RECORD a letter of support daily life. Some of this stress may cause seri-
place accommodations because they
for this legislation from the March of ous health problems, like high blood pres-
sure, which could lead to problems like are pregnant, and too often women are
Dimes. forced out or not considered for hire
SEPTEMBER 11, 2020. preeclampsia and premature birth, condi-
Re Support the Pregnant Workers Fairness tions that impact Black women at far higher due to their pregnancy. This must end.
Act. rates than white women and contribute to And we have an incredible opportunity
DEAR REPRESENTATIVE: On behalf of the this country’s Black maternal health crisis. to do precisely that by getting this bill
March of Dimes, one of the leading non-prof- Therefore, it is imperative that pregnant across the finish line today.
it organization fighting for the health of all workers are protected and provided the nec- I am a proud supporter of the Preg-
moms and babies and promotes the health of essary and reasonable accommodations, to nant Workers Fairness Act, and I
women, children and families across the life ensure that they are able to continue work-
ing and maintain healthy pregnancies.
would encourage every Member of this
course, we enthusiastically support the Preg-
nant Workers Fairness Act (H.R. 2694). Mod- The Pregnant Workers Fairness Act is a body to vote ‘‘aye’’ on this critical leg-
eled after the Americans with Disabilities measured approach to a serious problem. islation.
Act, the bill would require employers to pro- March of Dimes understands the importance Madam Speaker, I submit for the
vide reasonable, temporary workplace ac- of reasonable workplace accommodations to RECORD a letter from the International
commodations to pregnant workers as long ensure that women can continue to provide Brotherhood of Teamsters, a 1.4 mil-
as the accommodation does not impose an for their families and have safe and healthy lion-member organization highlighting
undue hardship on the employer. This bill is pregnancies. We urge swift passage of the their support for this critical legisla-
critically important because no one should Pregnant Workers Fairness Act.
have to choose between having a healthy
tion.
Sincerely,
INTERNATIONAL BROTHERHOOD
pregnancy and a paycheck. ARIEL GONZÁLEZ, ESQ.,
OF TEAMSTERS,
Three-quarters of women will be pregnant MA,
and employed at some point in their lives. September 11, 2020.
Senior Vice President,
Most pregnant workers can expect a normal HOUSE OF REPRESENTATIVES,
Public Policy & Gov-
pregnancy and healthy birth. However, Washington, DC.
ernment Affairs, DEAR REPRESENTATIVE: On behalf of the 1.4
healthcare providers have consistently rec- March of Dimes.
ommended that some pregnant women make million members of the International Broth-
Ms. TLAIB. Madam Speaker, I rise erhood of Teamsters, I urge you to support
adjustments in their work activities to sus-
today in support of the Pregnant Work- H.R. 2694, the Pregnant Workers Fairness
tain a healthy pregnancy and prevent ad-
verse pregnancy outcomes, including ers Fairness Act. Act when it comes to the floor in the next
preterm birth or miscarriage. Workplace ac- In my district and across the coun- week. The Teamsters Union is proud to sup-
commodations are medically necessary and try, pregnancy discrimination persists, port this important legislation which would
can include allowing additional bathroom especially against people of color and promote healthy pregnancies and economic
breaks, opportunities to stay hydrated, lift- immigrant women. security for pregnant women.
ing restrictions, or access to a chair or stool In the last few decades, there has been a
When companies refuse to accommo- demographic shift in the workplace. Women
to decrease time spent standing. date for pregnancy-related needs, it
Unfortunately, too many pregnant work- now make up almost half of the workforce.
ers, particularly pregnant women of color, doesn’t just hurt the person being dis- There are more pregnant workers than ever
face barriers to incorporating even these criminated against, it hurts the entire before and they are working later into their
small changes to their workdays. Workplace family, especially when nearly half of pregnancies. Yet, too often, instead of pro-
accommodations help safeguard a healthy working women are the sole or primary viding a pregnant worker with an accommo-
pregnancy or prevent harm to a higher-risk provider for their families. dation, her employer will fire her or push her
pregnancy. Across the country, pregnant It is time to put families first over onto unpaid leave, depriving her of a pay-
workers continue to be denied simple, no- check and health insurance at a time when
corporate greed. We must ensure that she needs them most.
cost or low-cost, temporary adjustments in
their work settings or activities and instead no pregnant person is forced to quit, While pregnancy discrimination affects
risk being fired or forced to take unpaid coerced into taking unpaid leave, or women across race, ethnicity and economic
leave to preserve the health of their preg- fired because their employer refuses to status, women of color and low-wage workers
nancy. Low-wage pregnant workers in phys- accommodate them. are disproportionately impacted. Women of
ically demanding jobs, which are dispropor- We must protect the more than 85 color are more likely to hold certain inflexi-
tionately occupied by people of color, feel percent of women who will become ble and physically demanding jobs that can
the impact most acutely. This impossible present specific challenges for pregnant
mothers at some point in their working
choice forces many pregnant workers to con- workers, making reasonable accommoda-
lives. tions on the job even more important.
tinue working without accommodations,
putting both mother and baby at risk of On behalf of all the beautiful mothers In 2018, the New York Times ran a front
longlasting and severe health consequences. in my district, #13DistrictStrong, I page article detailing the tragic loss experi-
One of the main predictors of a healthy thank Chairman NADLER and Chairman enced by a number of women working at a
pregnancy is early and consistent prenatal SCOTT for their leadership, and I urge Verizon fulfillment center/warehouse in
care. Getting early and regular prenatal care support for this bill. Memphis, TN, operated by XPO Logistics
can help ensure a healthy, full-term preg- Ms. FOXX of North Carolina. Madam and previously operated by New Breed Logis-
nancy. The costs of a healthy birth tend to tics. New Breed and XPO should be quite fa-
Speaker, I reserve the balance of my
be around $5,000, whereas the costs associ- miliar at this point, as they have garnered
ated with a premature or complicated birth
time. considerable press attention in recent weeks.
range closer to $76,000. Prenatal checkups Mr. SCOTT of Virginia. Madam Postmaster General Louis DeJoy was CEO of
are crucial and necessary, so that providers Speaker, I yield 1 minute to the gen- New Breed and served on the XPO Board dur-
can answer any questions, check on the over- tleman from Colorado (Mr. NEGUSE). ing the time at which these tragedies took
all health of mom and baby, and spot com- Mr. NEGUSE. Madam Speaker, I rise place.
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plications early when there is a greater today in support of the Pregnant Work- The women who worked at the Memphis
chance to prevent them. If there is a possi- ers Fairness Act. warehouse generally spent twelve hour shifts
bility of a loss of employment, it would im- moving boxes full of Verizon cell phones and
I thank Chairman NADLER for intro-
pact family resources and threaten the abil- other devices. Upon becoming pregnant, all
ity to afford vital prenatal care and
ducing this vital bill, and I also thank had asked for reasonable accommodations,
healthcare costs when most needed. Chairman SCOTT for his incredible lead- including light duty. Three of the women
Pregnancy affects every system of the ership and his work in getting it to the said that they even brought in doctors’ notes
body, so pregnant workers may need work- floor. recommending less-taxing workloads and
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September 17, 2020 CONGRESSIONAL RECORD — HOUSE H4521
shorter shifts, but supervisors disregarded H.R. 2694 during the committee mark- is the income threshold for WIC participa-
the letters. up, it is unfortunate today’s legislation tion. Of these 15.2 million women, 59 percent
Certainly, some of these women considered (approximately nine million) are working
falls short in protecting one of our Na-
leaving their jobs with New Breed/XPO, or part-time.
taking unpaid leave to protect theirs and
tion’s most treasured rights, freedom No pregnant worker should have to choose
their unborn child’s health, but at an aver- of religion, the first right mentioned in between the health of their pregnancy and
age hourly wage of $11/hr, unpaid leave and the Bill of Rights. their livelihood. As direct-service providers
elective terms of unemployment are entirely Democrats’ refusal to include a com- that support almost two million pregnant
unrealistic. monsense provision that protects reli- and postpartum women, the WIC community
In response to the New York Times article gious organizations from being forced strongly supports efforts that advance sen-
and additional coverage by the Los Angeles to make employment decisions that sible policy to safeguard the health of preg-
Times and the PBS Newshour, nearly 100 nancies. The Pregnant Workers Fairness Act
conflict with their faith is short-sight- is a thoughtful solution that will com-
members of Congress submitted a letter to
the House Committee on Education and ed, disappointing, and easy to fix. plement WIC’s tireless efforts to support ex-
Labor urging investigation into the dis- Madam Speaker, I yield back the bal- pectant mothers as they seek a healthy start
turbing treatment of workers at the Mem- ance of my time. for their babies. We urge swift passage of
phis facility. With pressure mounting, XPO this critical legislation.
b 1145 Sincerely,
solicited the counsel of an outside expert to
draft an internal policy to address the needs Mr. SCOTT of Virginia. Madam REV. DOUGLAS GREENAWAY,
of pregnant workers. This was a step in the Speaker, I yield myself the balance of President & CEO,
right direction, but it should not take con- my time. National WIC Association.
gressional action and national press cov- Madam Speaker, I include in the
erage to compel an employer to do the right SEPTEMBER 11, 2020.
RECORD a letter in support of the legis-
thing. Make no mistake, this new XPO pol- Re Vote YES for the Pregnant Workers Fair-
lation from the National WIC Associa- ness Act (H.R. 2694).
icy only exists because of the workers in
Memphis who stood up and spoke out.
tion, that is Women, Infants, and Chil- DEAR MEMBERS OF CONGRESS: On behalf of
Unfortunately, XPO’s new policy has zero dren Association, in favor of the legis- the American Civil Liberties Union, and our
chance of helping women at the Memphis fa- lation, and another letter from the more than 8 million members, supporters,
cility. Two months after announcing the pol- ACLU, the American Civil Liberties and activists, we write to express our sup-
icy, XPO Logistics abruptly announced that Union. port for H.R. 2694, the Pregnant Workers
it would shut down the warehouse where all Fairness Act. This critical legislation would
NATIONAL WIC ASSOCIATION LETTER IN SUP- combat an all-too-common form of preg-
of the women featured in the New York PORT OF H.R. 2694, PREGNANT WORKERS
Times article had worked. This action cre- nancy discrimination while also providing
FAIRNESS ACT employers much-needed clarity on their obli-
ates a chilling effect on other workers who
On behalf of the National WIC Association, gations under the law. We urge all members
might choose to access reasonable accom-
the 12,000 WIC state and local service pro- of the House of Representatives to vote in
modations at XPO. What pregnant worker is
vider agencies we represent, and the over six favor of this measured, bipartisan, and long-
going to feel comfortable asking for reason-
million mothers, babies, and young children overdue legislation and to oppose the motion
able accommodation when the end result of
our members serve, we enthusiastically sup- to recommit.
speaking up might be job loss? Key among
port passage of the Pregnant Workers Fair- The ACLU has long fought to advance
its many protections is that H.R. 2694 would
ness Act (H.R. 2694). The accommodations es- women’s equality and opportunity by chal-
prohibit retaliation against pregnant work-
tablished by this bill are urgently needed to lenging laws and policies that discriminate
ers who request accommodation.
assure healthy pregnancies for working against women in the workplace and by dis-
The Pregnant Workers Fairness Act will
mothers served by WIC. mantling the stereotypes that constrain
provide a clear, predictable rule: employers
WIC providers serve approximately half of women’s full engagement and participation
must provide reasonable accommodations for
all babies born in the United States with nu- at work. Although the Pregnancy Discrimi-
limitations arising out of pregnancy, child-
trition support and counseling throughout nation Act has played a critical role over the
birth, or related medical conditions, unless
pregnancy, the postpartum period, and early past 40 years in securing women’s place in
this would pose an undue hardship. No the workforce, too many women continue to
childhood. WIC’s nutrition intervention has
woman should have to choose between pro- be marginalized at work because of their de-
successfully supported positive birth out-
viding for her family and maintaining a cision to become pregnant and have children.
comes by reducing preterm birth and other
healthy pregnancy. The Pregnant Workers This kind of discriminatory treatment has
complications that can lead to lifelong
Fairness Act would ensure that all women become most obvious when pregnant work-
health conditions and significant healthcare
working for covered employers would be pro- ers—predominantly women in physically de-
costs. Nutrition—including adequate hydra-
tected. manding or male-dominated jobs, low-wage
The Teamsters Union is proud to stand tion—is vital for the health of a pregnancy,
but additional protections are needed to ad- workers, and women of color—request tem-
with XPO workers and all pregnant workers porary accommodations to address a medical
demanding change. I urge you to stand up to dress the factors that influence pregnancy
and birth outcomes beyond nutrition. need and instead are terminated or placed on
unscrupulous employers like XPO and swift- unpaid leave, causing devastating economic
ly enact H.R. 2694, the Pregnant Workers This bill wisely extends the workplace ac-
commodations framework—first developed in harm. The Pregnant Workers Fairness Act
Fairness Act. would address this problem by requiring em-
Sincerely, the Americans with Disabilities Act (ADA)—
to ensure that employers are taking reason- ployers with fifteen or more employees to
JAMES P. HOFFA, provide reasonable and temporary accom-
General President. able steps to minimize risks to employees’
pregnancies. Simple modifications to the modations to pregnant workers if doing so
Ms. FOXX of North Carolina. Madam would not impose an undue hardship on the
workplace such as a stool to sit on, relief
Speaker, I yield myself such time as I from heavy lifting, or a water bottle to carry business.
may consume. can contribute to the health of the preg- PREGNANCY DISCRIMINATION, THE PDA, AND
It is a great disappointment to me nancy without taking drastic action that in- YOUNG V. UPS, INC.
that I will be voting against this legis- hibits the pregnant worker’s economic secu- Pregnancy and childbirth are often locus
lation before us today. My Republican rity, such as unpaid leave or termination. points for discrimination against women in
colleagues and I have long been com- This balanced and effective approach, al- the workforce. Policies excluding or forcing
mitted to policies and laws that em- ready familiar to employers from the ADA the discharge of pregnant women from the
power all Americans to achieve suc- context, will work in tandem with other workplace were common in the 1970s and re-
medical and nutrition precautions to ensure flected the stereotype that a woman’s pri-
cess, and this includes protections in positive birth outcomes and healthy infants. mary or sole duties were to be a homemaker
Federal law for pregnant workers. We Women now constitute the majority of the and raise children. The adoption of the Preg-
agree that discrimination of any type American workforce. Three-quarters of nancy Discrimination Act (PDA) in 1978, an
should not be tolerated, and no one working women are expected to be both preg- amendment to Title VII of the Civil Rights
should ever be denied an opportunity nant and employed during their adult lives. Act of 1964, established that discrimination
because of unlawful discrimination. I Without a clear legal standard, pregnant because of ‘‘pregnancy, childbirth, and re-
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will repeat that, Madam Speaker. We workers may be forced to choose between lated medical conditions’’ was a form of dis-
agree that discrimination of any type keeping a roof over their head, putting food crimination ‘‘because of sex.’’ It was in-
on the table, and the health of their preg- tended to dismantle the stereotype, and the
should not be tolerated, and no one nancy. This burden is even more acute for policies based on it, that viewed pregnant
should ever be denied an opportunity the approximately twenty percent of work- women’s labor force participation as contin-
because of unlawful discrimination. ing woment—a total of 15.2 million women— gent, temporary, and dispensable without re-
After meaningful and necessary bi- who live in households that earn less than gard to their individual capacity to do the
partisan improvements were made to 185 percent of the federal poverty line, which job in question.
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H4522 CONGRESSIONAL RECORD — HOUSE September 17, 2020
The PDA also required employers to treat prone to causing infection in her breasts. ployers from denying job opportunities to an
pregnant workers the same as other tempo- She asked for a desk job but her employer re- applicant or employee because of the individ-
rarily disabled workers because Congress fused, even though it routinely granted desk ual’s need for a reasonable accommodation;
recognized that working women contributed jobs to officers unable to fulfill all of their prevents an employer from forcing an appli-
to their families’ economic stability and patrol duties. Instead, it offered her an ill- cant or employee to accept a specific accom-
should not have to choose between a career fitting vest that put her at risk. modation; and prohibits retaliation against
and continuing a pregnancy. Despite the Legg v. Ulster County: Corrections Officer individuals who seek to use PWFA to protect
PDA, pregnancy discrimination persists, and Ann Marie Legg was denied light duty during their rights.
for many years courts routinely ruled her pregnancy, even though Ulster County At a time when women constitute nearly 60
against workers who brought pregnancy ac- gave such assignments to guards injured on percent of the workforce and contribute sig-
commodation cases where they alleged dis- the job. In her third trimester, Legg had to nificantly to their families’ economic well-
crimination when an employer provided a intervene in a fight, prompting her to go on being, passage of PWFA is a dire necessity.
job modification to an employee temporarily leave rather than face future risks. When a pregnant worker is forced to quit, co-
unable to work but failed to do the same for Allen v. AT&T Mobility: Cynthia Allen
erced into taking unpaid leave, or fired be-
a pregnant worker. lost her job because she accumulated too
cause her employer refuses to provide a tem-
In Young v United Parcel Service, Inc., the many ‘‘points’’ under AT&T Mobility’s puni-
porary job modification, the economic im-
Supreme Court granted certiorari to resolve tive attendance policy due to pregnancy-re-
pact can be severe; if she is the sole or pri-
a split in the Circuits and for the first time lated symptoms such as nausea. The policy
mary breadwinner for her children, as nearly
addressed the PDA’s application in the con- makes accommodation for late arrivals,
half of working women are, her entire family
text of an employee who needed an accom- early departures, and absences due to thir-
will be without an income when they most
modation due to pregnancy. The Court con- teen enumerated reasons, some medical and
need it. She further may be denied unem-
cluded that the statute’s mandate applied some not, but none due to pregnancy and
ployment benefits because she is considered
with equal force in these circumstances and pregnancy-related symptoms.
Durham v. Rural/Metro Corp.: Michelle to have left her job voluntarily. She may
articulated a modified analysis for failure-
Durham was an EMT in Alabama whose job have few if any additional resources on
to-accommodate cases. The Court also of-
often required her to lift patients on stretch- which to rely. PWFA ensures that women
fered a new pretext analysis that plaintiffs
ers into an ambulance. When she became would not face such devastating con-
may rely on when litigating claims under
pregnant, her health care provider imposed a sequences. Instead, it treats pregnancy for
the PDA’s second clause. Since Young, the
restriction on heavy lifting. Durham asked what it is—a normal condition of employ-
reflexive approval of employer policies favor-
Rural/Metro for a temporary modified duty ment.
ing workers with occupational injuries has
largely disappeared. However, the bright-line assignment during her pregnancy, but was PWFA promotes women’s health. Accom-
deference to employer policies, and the rejected, despite the company’s policy of giv- modations make a ’difference in physically
overbroad reading of such policies as ‘‘preg- ing such assignments to others. She was told demanding jobs (requiring long hours, stand-
nancy-blind,’’ has been replaced, in many in- her only option was to take unpaid leave. ing, lifting heavy objects, etc.) where the
stances, with an unduly demanding standard It is indisputable that Young was an im- risk of preterm delivery and low birth weight
for plaintiffs in making a showing of dif- portant step forward to combat pregnancy are significant. The failure to provide ac-
ferential treatment—even at the initial discrimination. Yet, too many pregnant commodations can be linked to miscarriages
pleading stage, prior to having the benefit of workers continue to face insurmountable ob- and premature babies who suffer from a vari-
discovery. This trend undermines Young’s stacles in HR offices, where employers mis- ety of ailments. This bill would be an impor-
intent of demanding that employers justify understand their obligations under the PDA, tant contribution in the fight to improve
failures to accommodate pregnancy. Instead, and in courtrooms across the country, where maternal health and mortality.
they impose unwarranted—and often insur- judges use Young to hinder access to needed There is also a strong business case for
mountable—burdens of proof on pregnant accommodations. Despite the clear mandates PWFA. Providing pregnant employees with
workers that increasingly confer ‘‘least fa- of the PDA, the current legal landscape reasonable accommodations increases work-
vored nation’’ status on the protected trait leaves exposed and unprotected those preg- er productivity, retention, and morale, and
of pregnancy. The stories of clients the nant workers who want to continue working reduces health care costs associated with
ACLU has represented—both as direct coun- while maintaining a healthy pregnancy. pregnancy complications. PWFA can also re-
sel and as lead amicus—illustrate the harm: Similarly, many pregnant workers have duce litigation costs by providing greater
Lochren v. Suffolk County: Sandra not found protection or recourse under the clarity regarding an employer’s legal obliga-
Lochren and five other police officers sued Americans with Disabilities Act of 1990 be- tions to pregnant workers. In fact, the U.S.
the Suffolk County Police Department cause absent complications, pregnancy is not Chamber of Commerce stated that PWFA
(SCPD) for refusing to temporarily reassign considered a disability that substantially would establish ‘‘clear guidelines and a bal-
pregnant officers to deskwork and other non- limits a major life activity. This legal re- anced process that works for employers and
patrol jobs, even though it did so for officers ality means that many of the symptoms of a employees alike.’’ Additionally, a group of
injured on the job. But for those officers who normal pregnancy that can disrupt a work- leading private sector employers expressed
opted to keep working patrol, er’s ability to do her job such as extreme fa- their support for PWFA and noted ‘‘women’s
SCPD also failed to provide bulletproof tigue, morning sickness, or limitations on labor force participation is critical to the
vests or gun belts that would fit pregnant of- her mobility are not entitled to accommoda- strength of our companies, the growth of our
ficers. Their only safe option was to go on tion. Moreover, many pregnant workers seek economy and the financial security of most
unpaid long before their due dates. accommodation precisely because they wish modern families.’’
Cole v. SavaSeniorCare: When Jaimie Cole, to avoid the conditions that might disable Finally, 30 states across the political and
a certified nursing assistant, was in her third them or endanger their pregnancy. Yet be- ideological spectrum have recognized the
trimester, she developed a high risk of cause the ADA is so expansive with respect benefits of providing reasonable accommoda-
preeclampsia, a condition that can lead to to other conditions that qualify as disabil- tions to pregnant workers. Congress should
preterm labor or even death. Her doctor ad- ities, the population of non-pregnant work- ensure that all pregnant workers, not just
vised her not to do any heavy lifting. Cole’s ers entitled to reasonable accommodation is some, have the protections they need.
job required her to regularly help patients in exponentially larger than when the PDA was
enacted more than 40 years ago. Accordingly, It is time for Congress to act and pass the
and out of bed and assist with bathing, so she
without such express entitlement to accom- Pregnant Workers Fairness Act.
asked for a temporary light duty assign-
modation, pregnant workers face an unten- Sincerely,
ment. Instead, her employer sent her home
able ‘‘least favored nation’’ status in the RONALD NEWMAN,
without pay for the rest of her pregnancy.
Myers v. Hope Healthcare Center: Asia workplace. National Political Di-
Myers, a certified nursing assistant, experi- The simple solution to this no-win situa- rector.
enced complications early in her pregnancy tion is the Pregnant Workers Fairness Act. GILLIAN THOMAS,
and was told by her doctor that she could This legislation, modeled after the ADA and Senior Staff Attorney.
continue to work, but should not do any lift- using a framework familiar to most employ- VANIA LEVEILLE,
ing on the job. Although her employer had a ers, takes a thoughtful and measured ap- Senior Legislative
history of providing light duty to workers proach to balancing the needs of working Counsel.
with temporary lifting restrictions, Myers people and employers by requiring businesses Mr. SCOTT of Virginia. Madam
was told not to return to work until her re- with fifteen or more employees to provide Speaker, as I am sure each person in
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strictions were lifted. She was out of work workers with temporary, reasonable accom- this Chamber can agree, it is simply
for over a month with no income or health modation for known limitations related to unacceptable that many pregnant
insurance coverage. pregnancy, childbirth, or related medical
workers have to choose between their
Hicks v. City of Tuscaloosa: Stephanie conditions if doing so would not place an
Hicks, a narcotics investigator with the Tus- undue hardship on business. It also prohibits paycheck and a healthy pregnancy be-
caloosa Police Department in Alabama, employers from forcing a pregnant employee cause they cannot access reasonable
wanted to breastfeed her new baby, but her to take a leave of absence if a reasonable ac- accommodations to continue working
bulletproof vest was restrictive, painful, and commodation can be provided; prevents em- safely.
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September 17, 2020 CONGRESSIONAL RECORD — HOUSE H4523
As my colleagues have pointed out, minded that the health, safety and wellbeing of House of Representatives to vote for the
most accommodations, which can in- all women is not something we can turn a Pregnant Workers Fairness Act and oppose
clude water, seating, and more fre- blind eye to, whether those women work in any motion to recommit.
Sincerely,
quent restroom breaks, are not com- boardrooms, on a factory floor, or in a hos- JENNIFER MATHIS,
plex or costly. Yet without these sim- pital. Bazelon Center for
ple accommodations, health risks to I support this legislation because no expect- Mental Health Law.
pregnant workers can be significant ant mother should have to risk her health or STEPHEN LIEBERMAN,
and potentially tragic. that of her unborn child to stay financially sta- United Spinal Associa-
The COVID–19 pandemic poses in- ble. tion.
creased risks for pregnant workers at a I urge my colleagues to vote yes on this his- ALLISON NICHOL,
time when pregnant women comprise toric bill. Epilepsy Foundation,
Co-chairs, CCD
62 percent of frontline workers, includ- SEPTEMBER 11, 2020.
Rights Task Force.
ing more than 75 percent of healthcare Re Support for Pregnant Workers Fairness
KELLY BUCKLAND,
workers. Act, H.R. 2694.
National Council on
Passing the Pregnant Workers Fair- Hon. BOBBY SCOTT, Independent Living.
ness Act today, we can take a strong Chairman, Committee on Education and Labor, SAMANTHA CRANE,
bipartisan step to guarantee that all House of Representatives, Washington, DC. Autistic Self Advocacy
Hon. VIRGINIA FOXX, Network.
pregnant workers have access to basic
Ranking Member, Committee on Education and Mr. COHEN. Madam Speaker, I rise today
workplace protections. Labor, House of Representatives, Wash-
Madam Speaker, once again, I urge in support of the Pregnant Workers Fairness
ington, DC.
my colleagues to support the Pregnant DEAR CHAIRMAN SCOTT AND RANKING MEM- Act. This meaningful legislation will protect
Workers Fairness Act, and I yield back BER FOXX: As co-chairs of the Consortium for pregnant workers who have suffered because
the balance of my time. Citizens with Disabilities (CCD) Rights Task of insufficient workplace protections, a story
Ms. HAALAND. Madam Speaker, today we Force, we write in strong support of the far too familiar to many workers who call
act so that women will no longer experience Pregnant Workers Fairness Act, H.R. 2694. Memphis home.
CCD is the largest coalition of national orga- Two years ago, I was shocked to read of
the fear of not knowing if they can maintain
nizations working together to advocate for the disturbing workplace abuses in an XPO
their family’s financial security while they are federal public policy that ensures the self-de-
pregnant. warehouse in Memphis. Warehouse workers
termination, independence, empowerment, were denied minor and reasonable accom-
As the number of women who work as the integration and inclusion of children and
primary breadwinners in their households con- adults with disabilities in all aspects of soci-
modations like less taxing workloads and
tinues to rise, this financial insecurity rises as ety. shortened work shifts. As a result, several
well. The Americans with Disabilities Act women suffered miscarriages, some of which
While growing up, my mother was forced (ADA)’s mandate that covered employers happened while they were still on the ware-
out of the Navy because she was pregnant. make reasonable accommodations to ensure house floor.
equal opportunity for applicants and employ- I, along with Congresswoman DELAURO and
Although times have changed, mothers are ees with disabilities has been tremendously ninety-five of my colleagues, wrote to the Edu-
still being forced out of their employment due important in helping people with disabilities cation and Labor Committee to urge the 115th
to the absence of reasonable accommoda- secure and maintain employment. While the
Congress to take decisive action and consider
tions. I know first-hand the pressures of being ADA does not cover pregnancy itself as a dis-
ability, in light of the ADA Amendments
the Pregnant Workers Fairness Act.
that single source of income for my house- The 116th Congress has rightly given this
hold, and I have seen how Black and Latina Act, which lowered the standard for dem-
onstrating a disability from what the courts bill the attention it deserves, and this bill will
workers are overrepresented in low-wage, give pregnant workers the protections that are
had previously applied, many pregnant work-
physically demanding jobs that need preg- past-due. No employee should be forced to
ers who experience pregnancy-related com-
nancy accommodations for them to stay safe. plications should be covered as people with choose between their job and their health. I
More than a decade ago, the Americans disabilities and entitled to reasonable ac- appreciated the opportunity to participate in
with Disabilities Act was amended to better commodations under the ADA. Yet many the Education and Labor Committee’s Sub-
implement the principle that physical or mental courts have continued to interpret the committee hearing on this bill, and I am
disabilities should be met with reasonable ac- ADA’s coverage narrowly, and in practice,
pleased to support the Pregnant Workers Fair-
commodations. large numbers of pregnant workers are not
offered reasonable accommodations. Fur- ness Act’s consideration today.
Pregnancy is not considered a disability Ms. JACKSON LEE. Madam Speaker, as a
under the ADA, however, enabling employers thermore, a clear pregnancy accommodation
standard will help prevent pregnancy-related senior member of the Judiciary, Homeland Se-
to deny reasonable accommodations like al- complications before they arise. Such ac- curity, and Budget Committees, the Demo-
lowing pregnant employees to sit on a stool commodations should be provided to preg- cratic Working Women Task Force, and as co-
rather than stand during a long shift. nant workers so that they can remain in the sponsor, I rise in strong support of H.R. 2694,
This bill would correct that, and I would like workforce and not lose their employment the Pregnant Workers Fairness Act (PWFA),
to include in the RECORD a letter from the simply because they experience pregnancy- which would ensure that pregnant workers can
Consortium for Citizens with Disabilities ad- related limitations. continue to do their jobs and support their
dressed to Chairman SCOTT and Ranking The accommodation requirement of H.R.
2694 is limited, as is the ADA’s accommoda- families by requiring employers to make work-
Member FOXX in support of the Pregnant place adjustments for those workers who need
tion requirement, to those accommodations
Workers Fairness Act. that are reasonable and would not impose an them due to pregnancy, childbirth, and related
New Mexico is one of thirty states that have undue hardship. That standard takes into ac- medical conditions, like breastfeeding.
enacted laws to protect access to reasonable count the needs of employers while also en- The Pregnant Workers Fairness Act would
accommodations for pregnant workers so they suring that pregnant workers can stay on establish that private sector employers with
have safe working conditions and, if they are the job with reasonable accommodations. more than 15 employees and public sector
denied that, the right to receive lost pay and This protection is critical not only for preg- employers must make reasonable accom-
compensatory damages. nant workers but for our national economy. modations for pregnant employees, job appli-
The Pregnant Workers Fairness Act is par-
Millions of pregnant workers in these states cants, and individuals with known limitations
ticularly important to people with disabil-
have benefited from these protections, but a ities. Many people with disabilities who did related to pregnancy, childbirth, or related
pregnant employee’s ability to work safely not require accommodations before becom- medical conditions.
should not depend on where in this country ing pregnant experience new complications Similar to the Americans with Disabilities
she lives. due to how pregnancy impacts their disabil- Act, employers are not required to make an
The Pregnant Workers’ Fairness Act, which ities, and need accommodations once they accommodation if it imposes an undue hard-
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is endorsed by nearly 200 worker advocates, become pregnant. These workers are some- ship on an employer’s business.
civil rights groups and the business commu- times told that they are not entitled to ac- Pregnant workers and individuals with
commodations because the employer views known limitations related to pregnancy, child-
nity, will hold every employer in our country,
the need for accommodation as related to
across state lines, to these same standards. pregnancy rather than to the worker’s un-
birth, or related medical conditions cannot be
As we hear horrific stories of immigrant derlying disability. denied employment opportunities, retaliated
women forced to have hysterectomies and We thank the Committee for moving the against for requesting a reasonable accommo-
lose their ability to have children, we are re- bill forward and urge all members of the dation, or forced take paid or unpaid leave if
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H4524 CONGRESSIONAL RECORD — HOUSE September 17, 2020
another reasonable accommodation is avail- since less than two percent of all workers in Ms. JOHNSON of Texas. Madam Speaker,
able. the U.S. are pregnant each year. I rise today in support of H.R. 2694, the Preg-
Workers denied a reasonable accommoda- Not all pregnant workers require any form of nant Workers Fairness Act, a critical effort that
tion under the Pregnant Workers Fairness Act accommodation at work, so only a fraction of I have cosponsored. Despite almost four dec-
will have the same rights and remedies as that small fraction will need accommodations. ades since the passage of the Pregnancy Dis-
those established under Title VII of the Civil For example, pregnant women are most crimination Act, women continue to face sig-
Rights Act of 1964, including recovery of lost likely to work as elementary and middle school nificant challenges in the workplace during
pay, compensatory damages, and reasonable teachers but only three percent (3.2 percent) their pregnancies.
attorneys’ fees. of all elementary and middle school teachers This is especially concerning for those work-
While the Pregnancy Discrimination Act are pregnant women. ing jobs that require physical activity, for which
(PDA) and the Americans with Disabilities Act But workers employed in four of the ten temporary modifications to limit risks to ex-
(ADA) provide some protections for pregnant most common occupations for pregnant work- pectant mothers should be considered. In-
workers, there is currently no federal law that ers—retail salesperson; waiter or waitress; stead, employers have often refused to ac-
explicitly and affirmatively guarantees all preg- nursing, psychiatric and home health aide; and commodate pregnant workers, forcing them to
nant workers the right to a reasonable accom- cashier—who report continuously standing on choose between their health or economic se-
modation so they can continue working with- the job would particularly benefit from this leg- curity. This is unacceptable—employers
out jeopardizing their pregnancy. islation. should not be permitted to discriminate against
The Supreme Court’s landmark decision in Madam Speaker, prolonged standing at pregnant individuals who are requesting rea-
Young v. United Parcel Service, 575 U.S. work has been shown to more than triple the sonable workplace accommodations.
ll, No. 12–1226, 135 S.Ct. 1338 (2015) al- odds of pregnant women taking leave during Therefore, I am pleased to support the
lowed pregnant workers to bring reasonable pregnancy or becoming unemployed. Pregnant Workers Fairness Act, which will re-
Another four of the ten most common occu- quire that employers make these reasonable
accommodation discrimination claims under
pations for pregnant workers—waiter or wait- accommodations for pregnant workers. This
the PDA.
ress; nursing, psychiatric and home health legislation will also benefit those who are em-
But pregnant workers are still being denied
aide; cashier; and secretaries and administra- ployed and expecting, but it is especially crit-
accommodations because the Young decision
tive assistants—involve making repetitive mo- ical for the more than 1 in 5 pregnant workers
set an unreasonably high standard for proving
tions continuously on the job which have been who are employed in a low-paid job with phys-
discrimination, requiring workers to prove that
shown to increase the likelihood of pregnant ically demanding work and minimal flexibility.
their employers accommodated non-pregnant
women taking sick leave. The Pregnant Workers Fairness Act will make
workers with similar limitations. Pregnant workers in low-wage jobs are par-
As a result, in two-thirds of cases after possible for accommodations that include the
ticularly in need of this legislation granting modification of no-food-or-drink policy to pre-
Young, courts ruled against pregnant workers them the clear legal right to receive accom-
who were seeking accommodations under the vent contractions from lack of hydration, reas-
modations because, in addition to the phys- signment of heavy lifting duties, and provision
PDA. ically demanding nature of their jobs, they
Providing accommodations ensures that of additional personal protective equipment,
often face inflexible workplace cultures that staggered workplace schedules, or telework
women can work safely while pregnant instead make it difficult to informally address preg-
of getting pushed out of work at a time when during COVID–19.
nancy-related needs. As representatives of Americans from all
they may need their income the most. For instance, workplace flexibility—such as
The Pregnant Workers Fairness Act is espe- corners of our country, we have a responsi-
the ability to alter start and end times or take bility to protect the health and economic liveli-
cially important considering that many preg- time off for a doctor’s appointment—is ex-
nant workers hold physically demanding or hood of our expectant mothers and the well-
tremely limited for workers in low-wage jobs. being of their families. On behalf of my home
hazardous jobs, and thus may be especially Over 40 percent of full-time workers in low- state of Texas, I urge my colleagues to sup-
likely to need reasonable accommodations at wage jobs report that their employers do not port the Pregnant Workers Fairness Act.
some point during their pregnancy. permit them to decide when to take breaks; Ms. GARCIA of Texas. Madam Speaker, for
Madam Speaker, research shows that preg- between two-thirds and three-quarters of full- far too long, pregnant workers in our country
nant workers are likely to hold jobs that in- time workers in low-wage jobs report that they have lacked reasonable accommodations at
volve standing and making continuous move- are unable to choose their start and quit times; their workplaces. They need to keep their jobs
ments, which can raise specific challenges and roughly half report having very little or no to ensure economic security for themselves
during pregnancy. control over the scheduling of hours more and their families. Yet, without reasonable ac-
Such physically demanding work—including generally. commodations they could risk their health and
jobs that require prolonged standing, long The second most common occupation for safety. I am proud to cosponsor the Pregnant
work hours, irregular work schedules, heavy pregnant Latinas—maids and housekeeping Workers Fairness Act, which would right this
lifting, or high physical activity—carries an in- cleaners—is especially physically demanding wrong. This bill would require employers to
creased risk of pre-term delivery and low birth because, according to the data, 80 percent of make reasonable accommodations for preg-
weight. maids and housekeeping cleaners stood con- nant workers who need them. Without this leg-
Twenty-one (20.9) percent of pregnant tinuously, 38 percent were exposed to disease islation, some may continue to work in unsafe
workers are employed in low-wage jobs, which daily, and 70 percent walked or ran continu- conditions. Currently, pregnant workers might
are particularly likely to be physically demand- ously on the job. be let go or forced into unpaid leave, just for
ing. Occupations that have seen the most asking for reasonable accommodations. Some
Pregnant black and Latina women are dis- growth among pregnant women in the past may quit their job to avoid risking the health of
proportionately represented in low-wage jobs, decade expose many workers to disease or their pregnancy. This is unacceptable. Preg-
which means as a result, these workers are infection daily; depending on the disease, this nant workers deserve better. They deserve
especially likely to stand, walk or run continu- can pose particular challenges to some preg- these commonsense protections. That is why
ously during work, and therefore may be more nant workers at some points during preg- I am proud to cosponsor and vote for this bill
likely to need an accommodation at some nancy. today.
point during pregnancy to continue to work When pregnant workers are exposed to The SPEAKER pro tempore. All time
safely. some diseases, they face particular risks; for debate has expired.
Three in ten pregnant workers are employed pregnant women with rubella are at risk for Pursuant to House Resolution 1107,
in four of the occupations that make up the miscarriage or stillbirth and their developing the previous question is ordered on the
backbone of our communities: elementary fetuses are at risk for severe birth defects. bill, as amended.
school teachers, nurses and home health Madam Speaker, no one should have to The question is on the engrossment
aides. choose between a paycheck and a healthy and third reading of the bill.
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Employers can accommodate pregnant pregnancy, which is why they should have The bill was ordered to be engrossed
workers because pregnant women make up a clear rights to reasonable accommodations on and read a third time, and was read the
small share of the workforce, even in the oc- the job to ensure they are not forced off the third time.
cupations where they are most likely to work, job at the moment they can least afford it. MOTION TO RECOMMIT
which means that only a very small share of I urge all Members to join me in voting for Ms. FOXX of North Carolina. Madam
an employer’s workforce is likely to require H.R. 2694, the Pregnant Workers Fairness Speaker, I have a motion to recommit
pregnancy accommodations in any given year Act. at the desk.
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September 17, 2020 CONGRESSIONAL RECORD — HOUSE H4525
The SPEAKER pro tempore. Is the remedies, and procedures this Act provides sion or any person, respectively, alleging an
gentlewoman opposed to the bill? to the Commission, the Attorney General, or unlawful employment practice in violation
Ms. FOXX of North Carolina. Madam any person alleging such practice (not an of this Act against an employee described in
employment practice specifically excluded section 5(3)(D), except as provided in para-
Speaker, I am in its current form.
from coverage under section 1977A(a)(1) of graphs (2) and (3) of this subsection.
The SPEAKER pro tempore. The the Revised Statutes). (2) COSTS AND FEES.—The powers, remedies,
Clerk will report the motion to recom- (b) EMPLOYEES COVERED BY CONGRESSIONAL and procedures provided in subsections (b)
mit. ACCOUNTABILITY ACT OF 1995.— and (c) of section 722 of the Revised Statutes
The Clerk read as follows: (1) IN GENERAL.—The powers, remedies, and (42 U.S.C. 1988) shall be the powers, remedies,
Ms. Foxx of North Carolina moves to re- procedures provided in the Congressional Ac- and procedures this Act provides to the Com-
commit the bill (H.R. 2694) to the Committee countability Act of 1995 (2 U.S.C. 1301 et seq.) mission or any person alleging such practice.
on Education and Labor with instructions to to the Board (as defined in section 101 of (3) DAMAGES.—The powers, remedies, and
report the bill back to the House forthwith such Act (2 U.S.C. 1301)) or any person alleg- procedures provided in section 1977A of the
with the following amendment: ing a violation of section 201(a)(1) of such Revised Statutes (42 U.S.C. 1981a), including
Strike all after the enacting clause and in- Act (2 U.S.C. 1311(a)(1)) shall be the powers, the limitations contained in subsection (b)(3)
sert the following: remedies, and procedures this Act provides of such section 1977A, shall be the powers,
SECTION 1. SHORT TITLE. to the Board or any person, respectively, al- remedies, and procedures this Act provides
leging an unlawful employment practice in to the Commission or any person alleging
This Act may be cited as the ‘‘Pregnant
violation of this Act against an employee de- such practice (not an employment practice
Workers Fairness Act’’.
scribed in section 5(3)(B), except as provided specifically excluded from coverage under
SEC. 2. NONDISCRIMINATION WITH REGARD TO
in paragraphs (2) and (3) of this subsection. section 1977A(a)(1) of the Revised Statutes).
REASONABLE ACCOMMODATIONS
RELATED TO PREGNANCY. (2) COSTS AND FEES.—The powers, remedies, (e) EMPLOYEES COVERED BY SECTION 717 OF
and procedures provided in subsections (b) THE CIVIL RIGHTS ACT OF 1964.—
It shall be an unlawful employment prac-
and (c) of section 722 of the Revised Statutes (1) IN GENERAL.—The powers, remedies, and
tice for a covered entity to—
(42 U.S.C. 1988) shall be the powers, remedies, procedures provided in section 717 of the
(1) not make reasonable accommodations
and procedures this Act provides to the Civil Rights Act of 1964 (42 U.S.C. 2000e–16) to
to the known limitations related to the preg-
Board or any person alleging such practice. the Commission, the Attorney General, the
nancy, childbirth, or related medical condi-
(3) DAMAGES.—The powers, remedies, and Librarian of Congress, or any person alleging
tions of a qualified employee, unless such
procedures provided in section 1977A of the a violation of that section shall be the pow-
covered entity can demonstrate that the ac-
Revised Statutes (42 U.S.C. 1981a), including ers, remedies, and procedures this Act pro-
commodation would impose an undue hard-
the limitations contained in subsection (b)(3) vides to the Commission, the Attorney Gen-
ship on the operation of the business of such
of such section 1977A, shall be the powers, eral, the Librarian of Congress, or any per-
covered entity; remedies, and procedures this Act provides
(2) require a qualified employee affected by son, respectively, alleging an unlawful em-
to the Board or any person alleging such ployment practice in violation of this Act
pregnancy, childbirth, or related medical practice (not an employment practice spe-
conditions to accept an accommodation against an employee described in section
cifically excluded from coverage under sec- 5(3)(E), except as provided in paragraphs (2)
other than any reasonable accommodation tion 1977A(a)(1) of the Revised Statutes).
arrived at through the interactive process and (3) of this subsection.
(4) OTHER APPLICABLE PROVISIONS.—With (2) COSTS AND FEES.—The powers, remedies,
referred to in section 5(7); respect to a claim alleging a practice de-
(3) deny employment opportunities to a and procedures provided in subsections (b)
scribed in paragraph (1), title III of the Con- and (c) of section 722 of the Revised Statutes
qualified employee if such denial is based on gressional Accountability Act of 1995 (2
the need of the covered entity to make rea- (42 U.S.C. 1988) shall be the powers, remedies,
U.S.C. 1381 et seq.) shall apply in the same and procedures this Act provides to the Com-
sonable accommodations to the known limi- manner as such title applies with respect to
tations related to the pregnancy, childbirth, mission, the Attorney General, the Librarian
a claim alleging a violation of section of Congress, or any person alleging such
or related medical conditions of a qualified 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).
employee; practice.
(c) EMPLOYEES COVERED BY CHAPTER 5 OF (3) DAMAGES.—The powers, remedies, and
(4) require a qualified employee to take TITLE 3, UNITED STATES CODE.—
leave, whether paid or unpaid, if another rea- procedures provided in section 1977A of the
(1) IN GENERAL.—The powers, remedies, and Revised Statutes (42 U.S.C. 1981a), including
sonable accommodation can be provided to procedures provided in chapter 5 of title 3,
the known limitations related to the preg- the limitations contained in subsection (b)(3)
United States Code, to the President, the of such section 1977A, shall be the powers,
nancy, childbirth, or related medical condi- Commission, the Merit Systems Protection
tions of a qualified employee; or remedies, and procedures this Act provides
Board, or any person alleging a violation of to the Commission, the Attorney General,
(5) take adverse action in terms, condi- section 411(a)(1) of such title shall be the
tions, or privileges of employment against a the Librarian of Congress, or any person al-
powers, remedies, and procedures this Act leging such practice (not an employment
qualified employee on account of the em- provides to the President, the Commission,
ployee requesting or using a reasonable ac- practice specifically excluded from coverage
the Board, or any person, respectively, alleg- under section 1977A(a)(1) of the Revised Stat-
commodation to the known limitations re- ing an unlawful employment practice in vio-
lated to the pregnancy, childbirth, or related utes).
lation of this Act against an employee de- (f) PROHIBITION AGAINST RETALIATION.—
medical conditions of the employee. scribed in section 5(3)(C), except as provided (1) IN GENERAL.—No person shall discrimi-
SEC. 3. REMEDIES AND ENFORCEMENT. in paragraphs (2) and (3) of this subsection. nate against any employee because such em-
(a) EMPLOYEES COVERED BY TITLE VII OF (2) COSTS AND FEES.—The powers, remedies, ployee has opposed any act or practice made
THE CIVIL RIGHTS ACT OF 1964.— and procedures provided in subsections (b) unlawful by this Act or because such em-
(1) IN GENERAL.—The powers, remedies, and and (c) of section 722 of the Revised Statutes ployee made a charge, testified, assisted, or
procedures provided in sections 705, 706, 707, (42 U.S.C. 1988) shall be the powers, remedies, participated in any manner in an investiga-
709, 710, and 711 of the Civil Rights Act of and procedures this Act provides to the tion, proceeding, or hearing under this Act.
1964 (42 U.S.C. 2000e–4 et seq.) to the Commis- President, the Commission, the Board, or (2) PROHIBITION AGAINST COERCION.—It shall
sion, the Attorney General, or any person al- any person alleging such practice. be unlawful to coerce, intimidate, threaten,
leging a violation of title VII of such Act (42 (3) DAMAGES.—The powers, remedies, and or interfere with any individual in the exer-
U.S.C. 2000e et seq.) shall be the powers, rem- procedures provided in section 1977A of the cise or enjoyment of, or on account of such
edies, and procedures this Act provides to Revised Statutes (42 U.S.C. 1981a), including individual having exercised or enjoyed, or on
the Commission, the Attorney General, or the limitations contained in subsection (b)(3) account of such individual having aided or
any person, respectively, alleging an unlaw- of such section 1977A, shall be the powers, encouraged any other individual in the exer-
ful employment practice in violation of this remedies, and procedures this Act provides cise or enjoyment of, any right granted or
Act against an employee described in section to the President, the Commission, the Board, protected by this Act.
5(3)(A) except as provided in paragraphs (2) or any person alleging such practice (not an (3) REMEDY.—The remedies and procedures
and (3) of this subsection. employment practice specifically excluded otherwise provided for under this section
(2) COSTS AND FEES.—The powers, remedies, from coverage under section 1977A(a)(1) of shall be available to aggrieved individuals
and procedures provided in subsections (b) the Revised Statutes). with respect to violations of this subsection.
and (c) of section 722 of the Revised Statutes (d) EMPLOYEES COVERED BY GOVERNMENT (g) LIMITATION.—Notwithstanding sub-
(42 U.S.C. 1988) shall be the powers, remedies, EMPLOYEE RIGHTS ACT OF 1991.— sections (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3),
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and procedures this Act provides to the Com- (1) IN GENERAL.—The powers, remedies, and if an unlawful employment practice involves
mission, the Attorney General, or any person procedures provided in sections 302 and 304 of the provision of a reasonable accommodation
alleging such practice. the Government Employee Rights Act of 1991 pursuant to this Act or regulations imple-
(3) DAMAGES.—The powers, remedies, and (42 U.S.C. 2000e–16b; 2000e–16c) to the Com- menting this Act, damages may not be
procedures provided in section 1977A of the mission or any person alleging a violation of awarded under section 1977A of the Revised
Revised Statutes (42 U.S.C. 1981a), including section 302(a)(1) of such Act (42 U.S.C. 2000e– Statutes (42 U.S.C. 1981a) if the covered enti-
the limitations contained in subsection (b)(3) 16b(a)(1)) shall be the powers, remedies, and ty demonstrates good faith efforts, in con-
of such section 1977A, shall be the powers, procedures this Act provides to the Commis- sultation with the employee with known
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H4526 CONGRESSIONAL RECORD — HOUSE September 17, 2020
limitations related to pregnancy, childbirth, (B) the essential function could be per- employment decisions that conflict
or related medical conditions who has in- formed in the near future; and with their faith. The motion to recom-
formed the covered entity that accommoda- (C) the inability to perform the essential mit adds this important protection.
tion is needed, to identify and make a rea- function can be reasonably accommodated;
This very limited provision is already
sonable accommodation that would provide and
such employee with an equally effective op- (7) the terms ‘‘reasonable accommodation’’ in current law, and it allows religious
portunity and would not cause an undue and ‘‘undue hardship’’ have the meanings organizations to make religiously
hardship on the operation of the covered en- given such terms in section 101 of the Ameri- based employment decisions.
tity. cans with Disabilities Act of 1990 (42 U.S.C. Without this longstanding Civil
SEC. 4. RULEMAKING. 12111) and shall be construed as such terms Rights Act provision, H.R. 2694 will
Not later than 2 years after the date of en- are construed under such Act and as set create confusion and legal risk for reli-
actment of this Act, the Commission shall forth in the regulations required by this Act, gious organizations in their religiously
issue regulations in an accessible format in including with regard to the interactive based employment decisions.
accordance with subchapter II of chapter 5 of process that will typically be used to deter-
At least 16 States and the District of
title 5, United States Code, to carry out this mine an appropriate reasonable accommoda-
tion. Columbia in their pregnancy discrimi-
Act. Such regulations shall provide examples
of reasonable accommodations addressing SEC. 6. WAIVER OF STATE IMMUNITY. nation or pregnancy accommodation
known limitations related to pregnancy, A State shall not be immune under the laws also include a provision similar to
childbirth, or related medical conditions. 11th Amendment to the Constitution from an the Civil Rights Act religious organiza-
SEC. 5. DEFINITIONS. action in a Federal or State court of com- tion protection.
As used in this Act— petent jurisdiction for a violation of this In fact, a Democrat-invited witness
(1) the term ‘‘Commission’’ means the Act. In any action against a State for a vio- at a committee hearing highlighted
Equal Employment Opportunity Commis- lation of this Act, remedies (including rem- Kentucky’s recently enacted pregnancy
sion; edies both at law and in equity) are available accommodation law as a template for
(2) the term ‘‘covered entity’’— for such a violation to the same extent as
Congress to follow. Kentucky’s law in-
(A) has the meaning given the term ‘‘re- such remedies are available for such a viola-
spondent’’ in section 701(n) of the Civil tion in an action against any public or pri- cludes a religious organization protec-
Rights Act of 1964 (42 U.S.C. 2000e(n)); and vate entity other than a State. tion very similar to the one found in
(B) includes— SEC. 7. RELATIONSHIP TO OTHER LAWS. the Civil Rights Act.
(i) an employer, which means a person en- Nothing in this Act shall be construed to At the Rules Committee hearing on
gaged in industry affecting commerce who invalidate or limit the powers, remedies, and H.R. 2694 earlier this week, the bill’s
has 15 or more employees as defined in sec- procedures under any Federal law or law of sponsor, Chairman NADLER, said it is
tion 701(b) of title VII of the Civil Rights Act any State or political subdivision of any not necessary to incorporate into H.R.
of 1964 (42 U.S.C. 2000e(b)), subject to the ap- State or jurisdiction that provides greater or 2694 the Civil Rights Act provision that
plicability to religious employment as set equal protection for individuals affected by
forth in section 702(a) of title VII of the Civil
protects religious organizations. He
pregnancy, childbirth, or related medical
Rights Act of 1964 (42 U.S.C. 2000e-1(a)); conditions.
stated that because H.R. 2694 does not
(ii) an employing office, as defined in sec- SEC. 8. SEVERABILITY.
repeal this provision, it will still be ef-
tion 101 of the Congressional Accountability If any provision of this Act or the applica- fective if the bill becomes law.
Act of 1995 (2 U.S.C. 1301) and section 411(c) of tion of that provision to particular persons At the same hearing, Chairman
title 3, United States Code; or circumstances is held invalid or found to SCOTT said the religious organization
(iii) an entity employing a State employee be unconstitutional, the remainder of this protection should not be included in
described in section 304(a) of the Government Act and the application of that provision to H.R. 2694 because it is overinclusive
Employee Rights Act of 1991 (42 U.S.C. 2000e– other persons or circumstances shall not be and would provide too much protec-
16c(a)); and affected.
(iv) an entity to which section 717(a) of the tion.
Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) Ms. FOXX of North Carolina (during I strongly disagree with both of these
applies; the reading). Madam Speaker, I ask perspectives, and I am not sure Chair-
(3) the term ‘‘employee’’ means— unanimous consent to dispense with man NADLER’s explanation is in line
(A) an employee (including an applicant), the reading. with Chairman SCOTT’s position.
as defined in section 701(f) of the Civil Rights The SPEAKER pro tempore. Is there Without the current law protection,
Act of 1964 (42 U.S.C. 2000e(f)); objection to the request of the gentle- H.R. 2694 will create legal jeopardy for
(B) a covered employee (including an appli- woman from North Carolina? religious organizations, as I have pre-
cant), as defined in section 101 of the Con-
There was no objection. viously stated. But for the sake of ar-
gressional Accountability Act of 1995 (2
U.S.C. 1301); The SPEAKER pro tempore. Pursu- gument, let’s assume the provision is
(C) a covered employee (including an appli- ant to the rule, the gentlewoman from superfluous.
cant), as defined in section 411(c) of title 3, North Carolina is recognized for 5 min- Madam Speaker, what would the
United States Code; utes in support of her motion. harm be in including the Civil Rights
(D) a State employee (including an appli- Ms. FOXX of North Carolina. Madam Act protection in H.R. 2694? At worst,
cant) described in section 304(a) of the Gov- Speaker, this motion is the final oppor- the provision would be duplicative with
ernment Employee Rights Act of 1991 (42 tunity to amend this legislation and the Civil Rights Act, causing no harm
U.S.C. 2000e–16c(a)); or
would do so without any delay in pas- to workers or employers. At best, it
(E) an employee (including an applicant) to
which section 717(a) of the Civil Rights Act sage. will prevent a religious organization
of 1964 (42 U.S.C. 2000e–16(a)) applies; Madam Speaker, Republicans support from being required to violate its faith.
(4) the term ‘‘person’’ has the meaning protections in Federal law for pregnant By adding this simple reference to
given such term in section 701(a) of the Civil workers, and we believe employers H.R. 2694 from the Civil Rights Act, we
Rights Act of 1964 (42 U.S.C. 2000e(a)); should provide reasonable accommoda- can ensure the protections in the bill
(5) the term ‘‘known limitation’’ means tions for pregnant workers. are harmonized with the protections
physical or mental condition related to, af- I support the provisions in H.R. 2694, for religious organizations found in the
fected by, or arising out of pregnancy, child- which were previously outlined during Pregnancy Discrimination Act, PDA,
birth, or related medical conditions that the
employee or employee’s representative has
the general debate. I also recognize and the Americans with Disabilities
communicated to the employer whether or that improvements to the bill were the Act, ADA.
not such condition meets the definition of result of bipartisan negotiations, and I I would also briefly like to address
disability specified in section 3 of the Ameri- commend Chairman SCOTT for his out- recent claims made by the U.S. Cham-
cans with Disabilities Act of 1990 (42 U.S.C. reach in this regard. ber of Commerce—a trade association
12102); Unfortunately, despite our agree- which represents few, if any, religious
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(6) the term ‘‘qualified employee’’ means ment on these changes, there remains employers—that, under this bill, re-
an employee or applicant who, with or with- an important outstanding issue that quired workplace accommodations
out reasonable accommodation, can perform
must be resolved. The bill before us would not come into conflict with a re-
the essential functions of the employment
position, except that an employee or appli- today does not include a narrow but ligious organization’s beliefs.
cant shall be considered qualified if— longstanding provision from the Civil The chamber acknowledges that
(A) any inability to perform an essential Rights Act that protects religious or- leave, including paid leave, can be part
function is for a temporary period; ganizations from being forced to make of a reasonable accommodation under
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September 17, 2020 CONGRESSIONAL RECORD — HOUSE H4527
the ADA, from which H.R. 2694 incor- This amendment is unnecessary. The lish. Those protections are long over-
porates the definition of reasonable ac- other exemptions are there for legiti- due.
commodation. Therefore, if a religious mate religious reasons, and this Mr. SCOTT of Virginia. Madam
organization has a paid leave policy, overbroad amendment would just cause Speaker, I yield back the balance of
H.R. 2694 could require the organiza- mischief. my time.
tion to allow paid leave for purposes Madam Speaker, I yield to the gen- The SPEAKER pro tempore. Without
that conflict with its religious tenets. tlewoman from Pennsylvania (Ms. objection, the previous question is or-
The chamber also contends that H.R. WILD). dered on the motion to recommit.
2694 is not a bill that addresses hiring, Ms. WILD. Madam Speaker, I thank There was no objection.
unlike the PDA and the ADA, which the chairman for yielding. The SPEAKER pro tempore. The
apply to hiring. This is false. H.R. 2694 I rise in opposition to this political question is on the motion to recommit.
applies to both employees and job ap- poison pill of an MTR. The question was taken; and the
plicants, so it is indeed a hiring stat- Corporations are a legal creation. Speaker pro tempore announced that
ute. They don’t have religious beliefs. Their the noes appeared to have it.
Therefore, the religious organization officers might, but they do not. Ms. FOXX of North Carolina. Madam
protections in the Civil Rights Act and Let’s be clear about who inspired the Speaker, on that I demand the yeas
the ADA are just as relevant to H.R. Pregnant Workers Fairness Act. and nays.
2694 as they are to those statutes. It is women who have asked for ac- The SPEAKER pro tempore. Pursu-
Madam Speaker, to conclude, the commodations in lifting requirements ant to section 3 of House Resolution
motion to recommit includes H.R. 2694 because their doctors told them they 965, the yeas and nays are ordered.
in its entirety, with one important ad- were at high risk of miscarriage or Pursuant to clause 8 of rule XX, fur-
dition related to religious organization preterm birth. ther proceedings on this question are
protections. My amendment simply in- It is women like the worker in Penn- postponed.
corporates the title VII religious orga- sylvania who was denied a schedule
nization protection to ensure these or- change and fired due to cramping in f
ganizations are not forced to violate her uterus that landed her in the ER.
their faith in making employment and This MTR invites discrimination. It CONDEMNING ALL FORMS OF
accommodation decisions. emboldens those who would use reli- ANTI-ASIAN SENTIMENT AS RE-
Madam Speaker, I urge my col- gion as a basis to discriminate against LATED TO COVID–19
leagues to support this simple but im- people who are pregnant and not mar- The SPEAKER pro tempore. Pursu-
portant addition to the bill, and I yield ried, workers in same-sex couples, ant to clause 8 of rule XX, the unfin-
back the balance of my time. women who used IVF to get pregnant,
Mr. SCOTT of Virginia. Madam ished business is the vote on adoption
even people with partners of a different of the resolution (H. Res. 908) con-
Speaker, I rise in opposition to the mo-
race. demning all forms of anti-Asian senti-
tion.
The SPEAKER pro tempore. The gen- Something the proponents of this ment as related to COVID–19, on which
tleman from Virginia is recognized for amendment aren’t saying out loud is the yeas and nays were ordered.
5 minutes. that other religious exemptions would The Clerk read the title of the resolu-
Mr. SCOTT of Virginia. Madam already apply to the Pregnant Workers tion.
Speaker, first, let me just restate what Fairness Act. The SPEAKER pro tempore. The
I said about the Congressional Re- This MTR frustrates the purpose of a question is on the resolution.
search Service that found that States good bill, a bill that is supported by The vote was taken by electronic de-
typically do not enact separate or spe- the Chamber of Commerce and by 89 vice, and there were—yeas 243, nays
cialized religious exemptions for preg- percent of voters. 164, answered ‘‘present’’ 1, not voting
nancy accommodation laws. Every year, an estimated quarter of a 23, as follows:
Madam Speaker, this MTR would million women are denied requests for [Roll No. 193]
jeopardize women’s health and risk an accommodation because current law
YEAS—243
their pregnancies in order to provide a forces pregnant workers to find other
Adams Correa Gomez
religious exemption for employers, to nonpregnant employees who received Aguilar Costa Gonzalez (OH)
exempt them from the requirement to similar accommodations to make a Allred Courtney Gonzalez (TX)
provide just basic and reasonable ac- case. Axne Cox (CA) Gottheimer
When pregnant women are denied ac- Barragán Craig Green, Al (TX)
commodations for the workforce. Ex- Bass Crist Grijalva
actly who would want them to deny commodations, they face health risks, Beatty Crow Haaland
these basic accommodations? miscarriage, premature births. Bera Cuellar Harder (CA)
First, it is unnecessary. The Preg- Symptoms and conditions of preg- Beyer Cunningham Hastings
Bishop (GA) Davids (KS) Hayes
nant Workers Fairness Act already ex- nancy cannot be fully appreciated un- Blumenauer Davis (CA) Heck
empts small private employers, includ- less you have been pregnant yourself. Blunt Rochester Davis, Danny K. Herrera Beutler
ing religious employers, with fewer So when you consider this vote on the Bonamici Dean Higgins (NY)
MTR, remember that 80 percent of di- Boyle, Brendan DeGette Himes
than 15 employees. According to the F. DeLauro Horn, Kendra S.
Bureau of Labor Statistics, 80 percent rectors of ACWI Index companies are Brindisi DelBene Horsford
of religious organizations have fewer men. Men who have never experienced Brooks (IN) Delgado Houlahan
than 10 employees. the struggles of pregnancy will be de- Brown (MD) Demings Hoyer
Brownley (CA) DeSaulnier Huffman
Second, the underlying bill does not ciding whether to invoke an exemption Bustos Deutch Hurd (TX)
in any way amend or change the under- to deny an accommodation to a preg- Butterfield Dingell Jackson Lee
lying exemptions in title VII of the nant worker. That is not right. Carbajal Doggett Jayapal
Civil Rights Act or Americans with This bill is not some new burden on Cárdenas Doyle, Michael Jeffries
Carson (IN) F. Johnson (GA)
Disabilities Act or any other bill. It employers. They must already engage Cartwright Engel Johnson (TX)
doesn’t affect the Religious Freedom in a good faith interactive process over Case Escobar Kaptur
Restoration Act. But it would, if it is reasonable accommodations under the Casten (IL) Eshoo Katko
Castor (FL) Espaillat Keating
specified in this bill, give the employer ADA. Castro (TX) Finkenauer Kelly (IL)
the idea that they could deny reason- This bill, as written, takes employer Chu, Judy Fitzpatrick Kennedy
able accommodations if they for some concerns into account. Employers with Cicilline Fletcher Khanna
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religious reason don’t agree with the fewer than 15 employees or those who Cisneros Foster Kildee
Clark (MA) Frankel Kilmer
pregnancy: women who are pregnant would suffer undue hardship need not Clarke (NY) Fudge Kim
and divorced, women pregnant out of provide accommodations. Clay Gabbard Kind
wedlock, pregnant in a same-sex rela- Madam Speaker, I urge a resounding Cleaver Gallego Kirkpatrick
‘‘no’’ vote on this MTR because it di- Clyburn Garamendi Krishnamoorthi
tionship. Cohen Garcı́a (IL) Kuster (NH)
What, you don’t have to give them a lutes the very protections for pregnant Connolly Garcia (TX) Lamb
water break? workers that the bill seeks to estab- Cooper Golden Langevin
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