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Home Source documents Congressional Record, House, May 14, 2021 — Pregnant Workers Fairness Act, H.R. 1065

Congressional Record, House, May 14, 2021 — Pregnant Workers Fairness Act, H.R. 1065

Summary

This is H2321 of the Congressional Record, House, May 14, 2021, with interleaved columns. The page begins with a letter of resignation from Mr. Stivers of Ohio's 15th District to the Speaker, and a speaker who says he chooses to go without a mask. Mr. Valadao speaks about drought conditions in California, and Mr. Scott of Virginia, pursuant to House Resolution 380, calls up H.R. 1065, the Pregnant Workers Fairness Act, to ensure reasonable workplace accommodations for workers limited by pregnancy, childbirth, or a related medical condition. The printed bill text includes remedies and procedures for enforcement.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Congressional Record, House, May 14, 2021 — Pregnant Workers Fairness Act, H.R. 1065.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-05-14-crec-2021-05-14-pt1-pgh2321-3-b9adb7e6d1/, SHA-256 29d961dacac1a9e097edbc964583fc30e04072250980a2c08688f3c53f806474.

Full text

                                              May 14, 2021                                      CONGRESSIONAL RECORD — HOUSE                                                                        H2321
                                              finally catching up to the science and                    For the past ten years, it has been my               lation of title VII of such Act (42 U.S.C. 2000e et
                                              so should the House. We must be the                     honor and privilege to serve the people of             seq.) shall be the powers, remedies, and proce-
                                              leaders we were elected to be, follow                   Ohio’s 15th District. Enclosed is a copy of my         dures this Act provides to the Commission, the
                                                                                                      letter of resignation to the Speaker of the            Attorney General, or any person, respectively,
                                              the science, and have the choice to go
                                                                                                      House, Nancy Pelosi.                                   alleging an unlawful employment practice in
                                              without a mask.                                               Sincerely,                                       violation of this Act against an employee de-
                                                I am going to be that leader, and I                                                STEVE STIVERS.            scribed in section 5(3)(A) except as provided in
                                              choose no mask.                                                                                                paragraphs (2) and (3) of this subsection.
                                                                                                                        f
                                                               f                                                                                               (2) COSTS AND FEES.—The powers, remedies,
                                                                                                        PREGNANT WORKERS FAIRNESS                            and procedures provided in subsections (b) and
                                                      CALIFORNIA DROUGHT                                                  ACT                                (c) of section 722 of the Revised Statutes (42
                                                                                                                                                             U.S.C. 1988) shall be the powers, remedies, and
                                                (Mr. VALADAO asked and was given                        Mr. SCOTT of Virginia. Mr. Speaker,                  procedures this Act provides to the Commission,
                                              permission to address the House for 1                   pursuant to House Resolution 380, I                    the Attorney General, or any person alleging
                                              minute and to revise and extend his re-                 call up the bill (H.R. 1065) to eliminate              such practice.
                                              marks.)                                                 discrimination and promote women’s                       (3) DAMAGES.—The powers, remedies, and pro-
                                                Mr. VALADAO. Mr. Speaker, I rise                      health and economic security by ensur-                 cedures provided in section 1977A of the Revised
                                              today to bring attention to the wors-                                                                          Statutes (42 U.S.C. 1981a), including the limita-
                                                                                                      ing reasonable workplace accommoda-                    tions contained in subsection (b)(3) of such sec-
                                              ening drought conditions in California.                 tions for workers whose ability to per-                tion 1977A, shall be the powers, remedies, and
                                                Farmers and producers in California                   form the functions of a job are limited                procedures this Act provides to the Commission,
                                              grow more than one-third of the vege-                   by pregnancy, childbirth, or a related                 the Attorney General, or any person alleging
                                              tables and two-thirds of the fruit and                  medical condition, and ask for its im-                 such practice (not an employment practice spe-
                                              nuts produced in the U.S. Depriving                     mediate consideration.                                 cifically excluded from coverage under section
                                              our farmers of the water they need to                     The Clerk read the title of the bill.                1977A(a)(1) of the Revised Statutes).
                                              grow our Nation’s food ultimately in-                                                                            (b) EMPLOYEES COVERED BY CONGRESSIONAL
                                                                                                        The SPEAKER pro tempore. Pursu-
                                              creases the cost of food for every per-                                                                        ACCOUNTABILITY ACT OF 1995.—
                                                                                                      ant to House Resolution 380, the                         (1) IN GENERAL.—The powers, remedies, and
                                              son in the United States. Still, the                    amendment in the nature of a sub-                      procedures provided in the Congressional Ac-
                                              House majority has yet to take action                   stitute recommended by the Com-                        countability Act of 1995 (2 U.S.C. 1301 et seq.) to
                                              to address this drought or consider leg-                mittee on Education and Labor, print-                  the Board (as defined in section 101 of such Act
                                              islation that will bring clean, reliable                ed in the bill, is adopted and the bill, as            (2 U.S.C. 1301)) or any person alleging a viola-
                                              water to our struggling communities.                    amended, is considered read.                           tion of section 201(a)(1) of such Act (2 U.S.C.
                                                In February, I introduced H.R. 737,                     The text of the bill, as amended, is as              1311(a)(1)) shall be the powers, remedies, and
                                              the RENEW WIIN Act, to allow the lit-                                                                          procedures this Act provides to the Board or any
                                                                                                      follows:                                               person, respectively, alleging an unlawful em-
                                              tle water we have to be made available                                      H.R. 1065                          ployment practice in violation of this Act
                                              to the communities that feed our Na-
                                                                                                        Be it enacted by the Senate and House of Rep-        against an employee described in section 5(3)(B)
                                              tion.                                                   resentatives of the United States of America in        except as provided in paragraphs (2) and (3) of
                                                While I am glad to see my persistent                  Congress assembled,                                    this subsection.
                                              requests for a drought emergency dec-                   SECTION 1. SHORT TITLE.                                  (2) COSTS AND FEES.—The powers, remedies,
                                              laration granted this week by Califor-                    This Act may be cited as the ‘‘Pregnant Work-        and procedures provided in subsections (b) and
                                              nia’s Governor, this is only a step in                  ers Fairness Act’’.                                    (c) of section 722 of the Revised Statutes (42
                                              the right direction. We need immediate                                                                         U.S.C. 1988) shall be the powers, remedies, and
                                                                                                      SEC. 2. NONDISCRIMINATION WITH REGARD TO
                                                                                                                                                             procedures this Act provides to the Board or any
                                              action in Congress, and I implore my                               REASONABLE    ACCOMMODATIONS
                                                                                                                 RELATED TO PREGNANCY.                       person alleging such practice.
                                              colleagues in the majority to advance                                                                            (3) DAMAGES.—The powers, remedies, and pro-
                                              legislation to confront this crisis, in-                   It shall be an unlawful employment practice
                                                                                                                                                             cedures provided in section 1977A of the Revised
                                                                                                      for a covered entity to—
                                              cluding my bill, the RENEW WIIN Act.                                                                           Statutes (42 U.S.C. 1981a), including the limita-
                                                                                                         (1) not make reasonable accommodations to
                                                               f                                                                                             tions contained in subsection (b)(3) of such sec-
                                                                                                      the known limitations related to the pregnancy,
                                                                                                                                                             tion 1977A, shall be the powers, remedies, and
                                                                                                      childbirth, or related medical conditions of a
                                                                    b 0915                            qualified employee, unless such covered entity
                                                                                                                                                             procedures this Act provides to the Board or any
                                                                                                                                                             person alleging such practice (not an employ-
                                                RESIGNATION FROM THE HOUSE                            can demonstrate that the accommodation would
                                                                                                                                                             ment practice specifically excluded from cov-
                                                     OF REPRESENTATIVES                               impose an undue hardship on the operation of
                                                                                                                                                             erage under section 1977A(a)(1) of the Revised
                                                                                                      the business of such covered entity;
                                                The SPEAKER pro tempore laid be-                                                                             Statutes).
                                                                                                         (2) require a qualified employee affected by
                                                                                                                                                               (4) OTHER APPLICABLE PROVISIONS.—With re-
                                              fore the House the following resigna-                   pregnancy, childbirth, or related medical condi-
                                                                                                                                                             spect to a claim alleging a practice described in
                                              tion from the House of Representa-                      tions to accept an accommodation other than
                                                                                                                                                             paragraph (1), title III of the Congressional Ac-
                                              tives:                                                  any reasonable accommodation arrived at
                                                                                                                                                             countability Act of 1995 (2 U.S.C. 1381 et seq.)
                                                 CONGRESS OF THE UNITED STATES,                       through the interactive process referred to in
                                                                                                                                                             shall apply in the same manner as such title ap-
                                                          HOUSE OF REPRESENTATIVES,                   section 5(7);
                                                                                                                                                             plies with respect to a claim alleging a violation
                                                             Washington, DC, April 22, 2021.             (3) deny employment opportunities to a quali-
                                                                                                                                                             of section 201(a)(1) of such Act (2 U.S.C.
                                              Hon. NANCY PELOSI,                                      fied employee if such denial is based on the need
                                                                                                                                                             1311(a)(1)).
                                              Speaker of the House, Washington, DC.                   of the covered entity to make reasonable accom-          (c) EMPLOYEES COVERED BY CHAPTER 5 OF
                                                DEAR SPEAKER PELOSI: I am writing to in-              modations to the known limitations related to          TITLE 3, UNITED STATES CODE.—
                                              form you that, effective May 16, 2021, I will           the pregnancy, childbirth, or related medical            (1) IN GENERAL.—The powers, remedies, and
                                              resign my seat in the U.S. House of Rep-                conditions of a qualified employee;                    procedures provided in chapter 5 of title 3,
                                              resentatives representing Ohio’s 15th Con-                 (4) require a qualified employee to take leave,     United States Code, to the President, the Com-
                                              gressional District.                                    whether paid or unpaid, if another reasonable          mission, the Merit Systems Protection Board, or
                                                For the past ten years, it has been my                accommodation can be provided to the known             any person alleging a violation of section
                                              honor and privilege to serve the people of              limitations related to the pregnancy, childbirth,      411(a)(1) of such title shall be the powers, rem-
                                              Ohio’s 15th District. Enclosed is a copy of my          or related medical conditions of a qualified em-       edies, and procedures this Act provides to the
                                              letter of resignation to the Governor of the            ployee; or                                             President, the Commission, the Board, or any
                                              State of Ohio, Mike DeWine.                                (5) take adverse action in terms, conditions, or    person, respectively, alleging an unlawful em-
                                                    Sincerely,                                        privileges of employment against a qualified em-       ployment practice in violation of this Act
                                                                           STEVE STIVERS.             ployee on account of the employee requesting or        against an employee described in section 5(3)(C)
                                                                     --                               using a reasonable accommodation to the known          except as provided in paragraphs (2) and (3) of
                                                 CONGRESS OF THE UNITED STATES,                       limitations related to the pregnancy, childbirth,      this subsection.
                                                          HOUSE OF REPRESENTATIVES,                   or related medical conditions of the employee.           (2) COSTS AND FEES.—The powers, remedies,




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                                                            Washington, DC, April 22, 2021.           SEC. 3. REMEDIES AND ENFORCEMENT.                      and procedures provided in subsections (b) and
                                              Hon. MIKE DEWINE,                                         (a) EMPLOYEES COVERED BY TITLE VII OF THE            (c) of section 722 of the Revised Statutes (42
                                              Governor of Ohio, Columbus, OH.                         CIVIL RIGHTS ACT OF 1964.—                             U.S.C. 1988) shall be the powers, remedies, and
                                                DEAR GOVERNOR DEWINE: I am writing to                   (1) IN GENERAL.—The powers, remedies, and            procedures this Act provides to the President,
                                              inform you that, effective May 16, 2021, I will         procedures provided in sections 705, 706, 707,         the Commission, the Board, or any person alleg-
                                              resign my seat in the U.S. House of Rep-                709, 710, and 711 of the Civil Rights Act of 1964      ing such practice.
                                              resentatives representing Ohio’s 15th Con-              (42 U.S.C. 2000e–4 et seq.) to the Commission, the       (3) DAMAGES.—The powers, remedies, and pro-
                                              gressional District.                                    Attorney General, or any person alleging a vio-        cedures provided in section 1977A of the Revised




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                                              H2322                                             CONGRESSIONAL RECORD — HOUSE                                                               May 14, 2021
                                              Statutes (42 U.S.C. 1981a), including the limita-          (3) REMEDY.—The remedies and procedures              sonable accommodation, can perform the essen-
                                              tions contained in subsection (b)(3) of such sec-       otherwise provided for under this section shall         tial functions of the employment position, except
                                              tion 1977A, shall be the powers, remedies, and          be available to aggrieved individuals with re-          that an employee or applicant shall be consid-
                                              procedures this Act provides to the President,          spect to violations of this subsection.                 ered qualified if—
                                              the Commission, the Board, or any person alleg-            (g) LIMITATION.—Notwithstanding subsections            (A) any inability to perform an essential func-
                                              ing such practice (not an employment practice           (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3), if an un-   tion is for a temporary period;
                                              specifically excluded from coverage under sec-          lawful employment practice involves the provi-            (B) the essential function could be performed
                                              tion 1977A(a)(1) of the Revised Statutes).              sion of a reasonable accommodation pursuant to          in the near future; and
                                                (d) EMPLOYEES COVERED BY GOVERNMENT EM-               this Act or regulations implementing this Act,            (C) the inability to perform the essential func-
                                              PLOYEE RIGHTS ACT OF 1991.—                             damages may not be awarded under section                tion can be reasonably accommodated; and
                                                (1) IN GENERAL.—The powers, remedies, and             1977A of the Revised Statutes (42 U.S.C. 1981a)           (7) the terms ‘‘reasonable accommodation’’
                                              procedures provided in sections 302 and 304 of          if the covered entity demonstrates good faith ef-       and ‘‘undue hardship’’ have the meanings given
                                              the Government Employee Rights Act of 1991 (42          forts, in consultation with the employee with           such terms in section 101 of the Americans with
                                              U.S.C. 2000e–16b; 2000e–16c) to the Commission          known limitations related to pregnancy, child-          Disabilities Act of 1990 (42 U.S.C. 12111) and
                                              or any person alleging a violation of section           birth, or related medical conditions who has in-        shall be construed as such terms are construed
                                              302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1))       formed the covered entity that accommodation is         under such Act and as set forth in the regula-
                                              shall be the powers, remedies, and procedures           needed, to identify and make a reasonable ac-           tions required by this Act, including with regard
                                              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                                                                  diction for a violation of this Act. In any action
                                                                                                      ulations in an accessible format in accordance
                                              (c) of section 722 of the Revised Statutes (42                                                                  against a State for a violation of this Act, rem-
                                                                                                      with subchapter II of chapter 5 of title 5, United
                                              U.S.C. 1988) shall be the powers, remedies, and                                                                 edies (including remedies both at law and in eq-
                                                                                                      States Code, to carry out this Act. Such regula-
                                              procedures this Act provides to the Commission                                                                  uity) are available for such a violation to the
                                                                                                      tions shall provide examples of reasonable ac-
                                              or any person alleging such practice.                                                                           same extent as such remedies are available for
                                                                                                      commodations addressing known limitations re-
                                                (3) DAMAGES.—The powers, remedies, and pro-                                                                   such a violation in an action against any public
                                                                                                      lated to pregnancy, childbirth, or related med-
                                              cedures provided in section 1977A of the Revised                                                                or private entity other than a State.
                                                                                                      ical conditions.
                                              Statutes (42 U.S.C. 1981a), including the limita-
                                                                                                      SEC. 5. DEFINITIONS.                                    SEC. 7. RELATIONSHIP TO OTHER LAWS.
                                              tions contained in subsection (b)(3) of such sec-
                                              tion 1977A, shall be the powers, remedies, and            As used in this Act—                                    Nothing in this Act shall be construed to in-
                                              procedures this Act provides to the Commission            (1) the term ‘‘Commission’’ means the Equal           validate or limit the powers, remedies, and pro-
                                              or any person alleging such practice (not an em-        Employment Opportunity Commission;                      cedures under any Federal law or law of any
                                              ployment practice specifically excluded from              (2) the term ‘‘covered entity’’—                      State or political subdivision of any State or ju-
                                              coverage under section 1977A(a)(1) of the Re-             (A) has the meaning given the term ‘‘respond-         risdiction that provides greater or equal protec-
                                              vised Statutes).                                        ent’’ in section 701(n) of the Civil Rights Act of      tion for individuals affected by pregnancy,
                                                (e) EMPLOYEES COVERED BY SECTION 717 OF               1964 (42 U.S.C. 2000e(n)); and                          childbirth, or related medical conditions.
                                              THE CIVIL RIGHTS ACT OF 1964.—                            (B) includes—                                         SEC. 8. SEVERABILITY.
                                                (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,
                                                                                                      United States Code;                                     as amended, shall be debatable for 1
                                              ian of Congress, or any person, respectively, al-
                                              leging an unlawful employment practice in vio-            (iii) an entity employing a State employee de-        hour, equally divided and controlled by
                                              lation of this Act against an employee described        scribed in section 304(a) of the Government Em-         the chair and the ranking minority
                                              in section 5(3)(E) except as provided in para-          ployee Rights Act of 1991 (42 U.S.C. 2000e–             member of the Committee on Edu-
                                              graphs (2) and (3) of this subsection.                  16c(a)); and                                            cation and Labor or their respective
                                                (2) COSTS AND FEES.—The powers, remedies,               (iv) an entity to which section 717(a) of the         designees.
                                              and procedures provided in subsections (b) and          Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a))          The gentleman from Virginia (Mr.
                                              (c) of section 722 of the Revised Statutes (42          applies;
                                                                                                                                                              SCOTT) and the gentlewoman from
                                              U.S.C. 1988) shall be the powers, remedies, and           (3) the term ‘‘employee’’ means—
                                                                                                        (A) an employee (including an applicant), as          North Carolina (Ms. FOXX) each will
                                              procedures this Act provides to the Commission,
                                              the Attorney General, the Librarian of Con-             defined in section 701(f) of the Civil Rights Act       control 30 minutes.
                                              gress, or any person alleging such practice.            of 1964 (42 U.S.C. 2000e(f));                             The Chair recognizes the gentleman
                                                (3) DAMAGES.—The powers, remedies, and pro-             (B) a covered employee (including an appli-           from Virginia.
                                              cedures provided in section 1977A of the Revised        cant), as defined in section 101 of the Congres-                         GENERAL LEAVE
                                              Statutes (42 U.S.C. 1981a), including the limita-       sional Accountability Act of 1995 (2 U.S.C. 1301);
                                                                                                                                                                Mr. SCOTT of Virginia. Mr. Speaker,
                                              tions contained in subsection (b)(3) of such sec-         (C) a covered employee (including an appli-
                                                                                                      cant), as defined in section 411(c) of title 3,         I ask unanimous consent that all Mem-
                                              tion 1977A, shall be the powers, remedies, and
                                              procedures this Act provides to the Commission,         United States Code;                                     bers have 5 legislative days in which to
                                              the Attorney General, the Librarian of Con-               (D) a State employee (including an applicant)         revise and extend their remarks and in-
                                              gress, or any person alleging such practice (not        described in section 304(a) of the Government           sert extraneous material on H.R. 1065,
                                              an employment practice specifically excluded            Employee Rights Act of 1991 (42 U.S.C. 2000e–           the Pregnant Workers Fairness Act.
                                              from coverage under section 1977A(a)(1) of the          16c(a)); or                                               The SPEAKER pro tempore. Is there
                                              Revised Statutes).                                        (E) an employee (including an applicant) to           objection to the request of the gen-
                                                (f) PROHIBITION AGAINST RETALIATION.—                 which section 717(a) of the Civil Rights Act of
                                                                                                                                                              tleman from Virginia?
                                                (1) IN GENERAL.—No person shall discriminate          1964 (42 U.S.C. 2000e–16(a)) applies;
                                              against any employee because such employee                (4) the term ‘‘person’’ has the meaning given           There was no objection.
                                              has opposed any act or practice made unlawful           such term in section 701(a) of the Civil Rights           Mr. SCOTT of Virginia. Mr. Speaker,
                                              by this Act or because such employee made a             Act of 1964 (42 U.S.C. 2000e(a));                       I yield myself such time as I may con-
                                              charge, testified, assisted, or participated in any       (5) the term ‘‘known limitation’’ means phys-         sume.
                                              manner in an investigation, proceeding, or hear-        ical or mental condition related to, affected by,         Mr. Speaker, I rise in support of H.R.
                                              ing under this Act.                                     or arising out of pregnancy, childbirth, or re-         1065, the Pregnant Workers Fairness




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                                                (2) PROHIBITION AGAINST COERCION.—It shall            lated medical conditions that the employee or           Act introduced by Representatives
                                              be unlawful to coerce, intimidate, threaten, or         employee’s representative has communicated to           NADLER and KATKO.
                                              interfere with any individual in the exercise or        the employer whether or not such condition
                                                                                                                                                                It is unacceptable that, in 2021, preg-
                                              enjoyment of, or on account of such individual          meets the definition of disability specified in sec-
                                              having exercised or enjoyed, or on account of           tion 3 of the Americans with Disabilities Act of        nant workers can still be denied basic
                                              such individual having aided or encouraged any          1990 (42 U.S.C. 12102);                                 workplace accommodations that help
                                              other individual in the exercise or enjoyment of,         (6) the term ‘‘qualified employee’’ means an          them stay healthy during their preg-
                                              any right granted or protected by this Act.             employee or applicant who, with or without rea-         nancy. These accommodations, from



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                                              May 14, 2021                                      CONGRESSIONAL RECORD — HOUSE                                                                      H2323
                                              providing seating and water to excus-                   report for H.R. 1065 and in the Congressional            In the interest of permitting your Com-
                                              ing pregnant workers from heavy lift-                   Record during floor consideration of the bill          mittee to proceed expeditiously on this bill,
                                              ing, are not complex or costly.                         to memorialize our joint understanding.                I am willing to waive this Committee’s right
                                                                                                        Again, thank you for your assistance with            to sequential referral. I do so with the under-
                                                But without these protections, too
                                                                                                      this matter.                                           standing that by waiving consideration of
                                              many workers are forced to either                             Very truly yours,                                the bill, the Committee on Oversight and Re-
                                              leave their jobs or put their health and                             ROBERT C. ‘‘BOBBY’’ SCOTT,                form does not waive any future jurisdic-
                                              the health of their pregnancy at risk.                                                    Chairman.            tional claim over the subject matters con-
                                              We can and must do better to ensure                                                                            tained in the bill that fall within its Rule X
                                              that no worker in this country is                               HOUSE OF REPRESENTATIVES,                      jurisdiction. I request that you urge the
                                              forced to choose between financial se-                            COMMITTEE ON THE JUDICIARY,                  Speaker to name members of this Committee
                                              curity and a healthy pregnancy.                                      Washington, DC, March 23, 2021.           to any conference committee that is named
                                                The Pregnant Workers Fairness Act                     Hon. BOBBY SCOTT,                                      to consider such provisions.
                                                                                                      Chairman, House Committee on Education and               Please place this letter into the Congres-
                                              would finally establish a right to rea-
                                                                                                          Labor, Washington, DC.                             sional Record during consideration of the
                                              sonable accommodations to all preg-                       DEAR CHAIRMAN SCOTT: This is to advise               measure on the House floor. Thank you for
                                              nant workers, and it would guarantee                    you that the Committee on the Judiciary                the cooperative spirit in which you have
                                              that pregnant workers can seek those                    has now had an opportunity to review the               worked regarding this matter and others be-
                                              accommodations without facing dis-                      provisions in H.R. 1065, the ‘‘Pregnant Work-          tween our respective Committees.
                                              crimination or retaliation.                             ers Fairness Act,’’ that fall within our Rule                Sincerely,
                                                Last Congress, 226 House Democrats                    X jurisdiction. I appreciate your consulting                             CAROLYN B. MALONEY,
                                              and 103 Republicans came together to                    with us on those provisions. The Judiciary                                              Chairwoman.
                                              pass this legislation by a margin of 329–               Committee has no objection to your includ-
                                                                                                      ing them in the bill for consideration on the                  HOUSE OF REPRESENTATIVES,
                                              73. I hope we can come together again                   House floor, and to expedite that consider-
                                              this year and finally deliver this bipar-                                                                         COMMITTEE ON EDUCATION AND LABOR,
                                                                                                      ation is willing to forgo action on H.R. 1065,                        Washington, DC, April 29, 2021.
                                              tisan priority to our Nation’s workers.                 with the understanding that we do not there-           Hon. CAROLYN B. MALONEY,
                                                Mr. Speaker, I urge strong support                    by waive any future jurisdictional claim               Chairwoman, House Committee on Oversight
                                              for the Pregnant Workers Fairness Act,                  over those provisions or their subject mat-                and Reform, Washington, DC.
                                              and I reserve the balance of my time.                   ters.                                                    DEAR CHAIRWOMAN MALONEY: In reference
                                                      HOUSE OF REPRESENTATIVES,                         In the event a House-Senate conference on            to your letter of April 28, 2021, I write to con-
                                                COMMITTEE ON HOUSE ADMINISTRATION,                    this or similar legislation is convened, the           firm our mutual understanding regarding
                                                           Washington, DC, March 24, 2021.            Judiciary Committee reserves the right to              H.R. 1065, the ‘‘Pregnant Workers Fairness
                                              Hon. ROBERT C. ‘‘BOBBY’’ SCOTT,                         request an appropriate number of conferees             Act.’’
                                              Chairman, Committee on Education and Labor,             to address any concerns with these or simi-              I appreciate the Committee on Oversight
                                              House of Representatives, Washington, DC.               lar provisions that may arise in conference.           and Reform’ s waiver of consideration of
                                                DEAR CHAIRMAN SCOTT: I am writing to you                Please place this letter into the Congres-
                                                                                                                                                             H.R. 1065 as specified in your letter. I ac-
                                              concerning H.R. 1065, the Pregnant Workers              sional Record during consideration of the
                                                                                                                                                             knowledge that the waiver was granted only
                                              Fairness Act. There are certain provisions in           measure on the House floor. Thank you for
                                                                                                                                                             to expedite floor consideration of H.R. 1065
                                              the legislation which fall within the Rule X            the cooperative spirit in which you have
                                                                                                                                                             and does not in any way waive or diminish
                                              jurisdiction of the Committee on House Ad-              worked regarding this matter and others be-
                                                                                                                                                             the Committee on Oversight and Reform’s
                                              ministration.                                           tween our committees.
                                                                                                                                                             jurisdictional interests over this or similar
                                                In the interest of permitting your com-                     Sincerely,
                                                                                                                                                             legislation.
                                              mittee to proceed expeditiously to floor con-                                  JERROLD NADLER,
                                                                                                                                                               I would be pleased to include our exchange
                                              sideration, the Committee on House Admin-                                                  Chairman.
                                                                                                                                                             of letters on this matter in the committee
                                              istration agrees to forego action on the bill.
                                                                                                                                                             report for H.R. 1065 and in the Congressional
                                              This is done with the understanding that the                    HOUSE OF REPRESENTATIVES,
                                                                                                                                                             Record during floor consideration of the bill
                                              Committee on House Administration’s juris-                 COMMITTEE ON EDUCATION AND LABOR,
                                                                                                                                                             to memorialize our joint understanding.
                                              dictional interests over this and similar leg-                         Washington, DC, April 28, 2021.
                                                                                                                                                               Again, thank you for your assistance with
                                              islation are in no way diminished or altered.           Hon. JERROLD NADLER,
                                                                                                                                                             this matter.
                                              In addition, the Committee reserves its right           Chairman, House Committee on the Judiciary,
                                                                                                                                                                    Very truly yours,
                                              to seek conferees on any provisions within              Washington, DC.
                                                                                                        DEAR CHAIRMAN NADLER: In reference to                              ROBERT C. ‘‘BOBBY’’ SCOTT,
                                              its jurisdiction which are considered in a
                                                                                                      your letter of March 23, 2021, I write to con-                                              Chairman.
                                              House-Senate conference and requests your
                                              support if such a request is made.                      firm our mutual understanding regarding                  Ms. FOXX. Mr. Speaker, I yield my-
                                                I would appreciate your response con-                 H.R. 1065, the ‘‘Pregnant Workers Fairness             self such time as I may consume.
                                              firming this understanding with respect to              Act.’’                                                   Mr. Speaker, House Republicans have
                                              H.R. 1065 and ask that a copy of our ex-                  I appreciate the Committee on the Judi-
                                                                                                                                                             long supported protections in Federal
                                              change of letters on this matter be included            ciary’s waiver of consideration of H.R. 1065
                                                                                                      as specified in your letter. I acknowledge             law for all workers, including pregnant
                                              in your committee report on the bill and in
                                              the Congressional Record during consider-               that the waiver was granted only to expedite           workers, and we believe employers
                                              ation of the bill on the House floor.                   floor consideration of H.R. 1065 and does not          should provide reasonable workplace
                                                    Sincerely,                                        in any way waive or diminish the Committee             accommodations for pregnant workers,
                                                                         ZOE LOFGREN,                 on the Judiciary’s jurisdictional interests            empowering them to achieve their
                                                                               Chairperson.           over this or similar legislation.                      highest potential.
                                                                                                        I would be pleased to include our exchange             I speak not only as a concerned Con-
                                                      HOUSE OF REPRESENTATIVES,                       of letters on this matter in the committee
                                                                                                      report for H.R. 1065 and in the Congressional
                                                                                                                                                             gresswoman on this issue but also as a
                                                 COMMITTEE ON EDUCATION AND LABOR,
                                                           Washington, DC, March 25, 2021.            Record during floor consideration of the bill          mother and grandmother. Discrimina-
                                              Hon. ZOE LOFGREN,                                       to memorialize our joint understanding.                tion of any type should not be toler-
                                              Chairperson, Committee on House Administra-               Again, thank you for your assistance with            ated, and no one should ever be denied
                                                  tion, Washington, DC.                               this matter.                                           an opportunity because of unlawful dis-
                                                DEAR CHAIRPERSON LOFGREN: In reference                       Very truly yours,                               crimination.
                                              to your letter of March 24, 2021, I write to                          ROBERT C. ‘‘BOBBY’’ SCOTT,                 That is why I support meaningful
                                              confirm our mutual understanding regarding                                                Chairman.
                                                                                                                                                             protections under Federal law to pre-
                                              H.R. 1065, the ‘‘Pregnant Workers Fairness
                                              Act.’’                                                          HOUSE OF REPRESENTATIVES,                      vent workplace discrimination, includ-
                                                I appreciate the Committee on House Ad-                COMMITTEE ON OVERSIGHT AND REFORM,                    ing Federal laws that rightfully pro-
                                              ministration’s waiver of consideration of                             Washington, DC, April 28, 2021.          tect pregnant workers.
                                              H.R. 1065 as specified in your letter. I ac-            Hon. ROBERT C. ‘‘BOBBY’’ SCOTT,                          The Pregnancy Discrimination Act




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                                              knowledge that the waiver was granted only              Chairman, Committee on Education and Labor,            and the Americans with Disabilities
                                              to expedite floor consideration of H.R. 1065            House of Representatives, Washington, DC.              Act are examples. These Federal laws
                                              and does not in any way waive or diminish                 DEAR CHAIRMAN SCOTT: I am writing to you
                                                                                                                                                             already ensure workers are not being
                                              the Committee on House Administration’s                 concerning H.R. 1065, the Pregnant Workers
                                              jurisdictional interests over this or similar           Fairness Act. There are certain provisions in          discriminated against and receive rea-
                                              legislation.                                            the legislation that fall within the Rule X            sonable accommodations related to
                                                I would be pleased to include our exchange            jurisdiction of the Committee on Oversight             pregnancy, childbirth, or related med-
                                              of letters on this matter in the committee              and Reform.                                            ical conditions.



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                                              H2324                                             CONGRESSIONAL RECORD — HOUSE                                                            May 14, 2021
                                                I agree with the underlying principle                 Democrats prevented me from offering                     Mr. Speaker, I include in the RECORD
                                              of H.R. 1065 and appreciate the bipar-                  it. As a result, I cannot, in good con-                a letter from the National Partnership
                                              tisan negotiations that took place dur-                 science, vote in favor of this legisla-                for Women & Families in support of the
                                              ing the 116th Congress to get this bill                 tion.                                                  Pregnant Workers Fairness Act.
                                              to where it is today. And I am pleased                     I want to reiterate that I am pleased                        NATIONAL PARTNERSHIP FOR
                                              to see the changes we negotiated last                   with the bipartisan negotiations that                                       WOMEN & FAMILIES,
                                              Congress were incorporated in the leg-                  took place on H.R. 1065. When we work                                 Washington, DC, May 11, 2021.
                                              islative text this time around.                         together, we can effect real change.                     DEAR MEMBER OF CONGRESS: The National
                                                When the bill was introduced last                     But I will never support any bill that                 Partnership for Women & Families is a non-
                                                                                                      infringes on the Constitution, and I                   profit, non-partisan advocacy organization
                                              Congress, it did not require that a                                                                            committed to improving the lives of women
                                              pregnant worker, in order to be eligible                urge my colleagues on both sides of the                and families by achieving equity for all
                                              for an accommodation, be able to per-                   aisle to do the same.                                  women. Since our creation as the Women’s
                                              form the essential functions of the job                    Taking away rights from our citizens                Legal Defense Fund in 1971, we have fought
                                              with a reasonable accommodation.                        is not a win for the American people; it               for every significant advance for equal op-
                                              This is a sensible provision now in-                    is a win for Big Government.                           portunity in the workplace, including the
                                              cluded in the bill.                                        Mr. Speaker, I reserve the balance of               Pregnancy Discrimination Act of 1978 and
                                                A definition of ‘‘known limitations’’                 my time.                                               the Family and Medical Leave Act of 1993
                                              related to pregnancy, childbirth, or re-                   Mr. SCOTT of Virginia. Mr. Speaker,                 (FMLA). We write in strong support of H.R.
                                                                                                      I yield 2 minutes to the gentlewoman                   1065, the Pregnant Workers Fairness Act.
                                              lated medical conditions was also ini-                                                                         This bipartisan legislation will support preg-
                                              tially omitted. The bill now includes                   from Oregon (Ms. BONAMICI), the chair
                                                                                                      of the Civil Rights and Human Services                 nant workers on the job, improving women’s
                                              such a definition, including a require-                                                                        and families’ economic security and pro-
                                                                                                      Subcommittee.
                                              ment that employees communicate the                                                                            moting healthier pregnancies.
                                                                                                         Ms. BONAMICI. Mr. Speaker, I thank                    More than 40 years ago, Congress passed
                                              known limitation to the employer.                       the chairman for yielding.
                                              This provision will help workers and                                                                           the Pregnancy Discrimination Act of 1978,
                                                                                                         I rise in strong support of the bipar-              outlawing discrimination on the basis of
                                              their employers understand their                        tisan Pregnant Workers Fairness Act.                   pregnancy, childbirth or related medical
                                              rights and responsibilities.                            As a mom and policymaker, I know                       conditions, yet pregnancy discrimination is
                                                Additionally, the bill introduced last                how important it is to protect the                     still widespread and impacts pregnant work-
                                              Congress appeared to allow employees                    health, well-being, and economic secu-                 ers across industry, race, ethnicity and juris-
                                              a unilateral veto over offered accom-                   rity of pregnant workers and their fam-                diction. Nearly 31,000 pregnancy discrimina-
                                              modations. However, the bill now clari-                 ilies. Unfortunately, under current                    tion charges were filed with the U.S. Equal
                                              fies that reasonable accommodations                                                                            Employment        Opportunity     Commission
                                                                                                      Federal law, pregnant workers do not                   (EEOC) and state-level fair employment
                                              will typically be determined through a                  have access to reasonable workplace
                                              balanced and interactive dialogue be-                                                                          practice agencies between 2010 and 2015, and
                                                                                                      accommodations.                                        the reality of pregnancy discrimination is
                                              tween workers and employers.                               Simple accommodations, such as pro-                 likely much worse than illustrated by EEOC
                                                The bill introduced last Congress also                viding seating, water, or an extra bath-               charges. As a result of this discrimination,
                                              did not include the limitation on appli-                room break, would allow pregnant                       too many women must choose between their
                                              cability to employers with 15 or more                   workers to stay safe on their job dur-                 paychecks and a healthy pregnancy—a
                                              employees, as is the case in title VII of               ing pregnancy. But when pregnant                       choice that no one should have to make.
                                              the Civil Rights Act and title I of the                                                                          The Pregnant Workers Fairness Act would
                                                                                                      workers do not have access to the ac-
                                              Americans with Disabilities Act, but it                                                                        create a clear policy standard requiring em-
                                                                                                      commodations they need, they are at                    ployers to provide reasonable accommoda-
                                              now includes the 15-employee thresh-                    risk of jeopardizing their health and                  tions to pregnant workers. Support for a law
                                              old.                                                    the health of their baby, losing their                 like this is nearly universal and bipartisan.
                                                Finally, the bill now includes a provi-               job, being denied a promotion, or not                  Eighty-nine percent of voters favor this bill,
                                              sion that if an employer makes a good                   being hired in the first place.                        including 69 percent of voters who strongly
                                              faith effort to determine a reasonable                     It is unacceptable that, in 2021, preg-             favor it. Just this Congress, thirty-five lead-
                                              accommodation through the inter-                        nant workers can still be forced to                    ing private sector employers endorsed the
                                              active process with the employee, the                   choose between a healthy pregnancy                     Pregnant Workers Fairness Act in an open
                                              employer is not liable for damages.                                                                            letter to Congress.
                                                                                                      and a paycheck.                                          More than 85 percent of women will be-
                                                Unfortunately, there is one key pro-                     Congress passed the Pregnancy Dis-                  come mothers at some point in their work-
                                              vision missing from this bill. One of                   crimination Act more than four dec-                    ing lives. And sometimes, an accommodation
                                              the core tenets of the Constitution is                  ades ago, but pregnant workers still                   is needed in order for a pregnant worker to
                                              the guarantee of religious freedom. In                  suffer discrimination at an alarming                   continue performing their job. Those accom-
                                              fact, it is the first freedom mentioned                 rate.                                                  modations are often small changes to their
                                              in the Constitution.                                       Megan, a manufacturing worker in                    work environment such as additional bath-
                                                For the last 240 years, the Supreme                   Oregon, was forced to take unpaid                      room breaks, a stool to sit on or the ability
                                              Court has upheld that principle in its                  leave after her employer denied her                    to have a water bottle at their work station.
                                              decisions, and laws written by Congress                                                                        Although minor, these accommodations
                                                                                                      modest request for light duty 31⁄2
                                                                                                                                                             allow pregnant workers to stay in the work-
                                              have maintained strong protections for                  months before her due date. Oregon has                 force and continue to provide for themselves
                                              religious liberty. Yet, the bill we are                 since passed a State version of the                    and their families. When pregnant workers
                                              discussing today deals an unnecessary                   Pregnant Workers Fairness Act, and it                  are fired, demoted, or forced into unpaid
                                              blow to religious organizations, poten-                 is working very well. But pregnant                     leave, they and their families lose critical
                                              tially forcing them to make hiring de-                  workers across the country need fair-                  income, and they may struggle to re-enter a
                                              cisions that conflict with their faith.                 ness, too.                                             job market that is particularly harsh for
                                                Our job in the people’s House is not                     We know that women of color are                     people who are currently or were recently
                                              to defy the Constitution, but to uphold                 overrepresented in low-wage, phys-                     pregnant.
                                                                                                                                                               Pregnancy discrimination affects women
                                              it. No employer should have to choose                   ically demanding jobs and are, there-                  across race and ethnicity, but women of
                                              between abiding by the law and adher-                   fore, disproportionately harmed by a                   color and immigrants are at particular risk.
                                              ing to their religious beliefs.                         lack of access to reasonable accom-                    They are disproportionately likely to work
                                                That is why Republicans offered an                    modations. By clarifying the right of                  in jobs and industries where accommoda-
                                              amendment in committee that would                       pregnant workers to reasonable accom-                  tions during pregnancy are not often pro-
                                              include a narrow but longstanding pro-                  modations on the job, we will finally                  vided (such as home health aides, food serv-




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                                              vision from the Civil Rights Act that is                give them the ability to work safely                   ice workers, package handlers and cleaners).
                                              not currently incorporated in this bill.                                                                       Black women are much more likely than
                                                                                                      without fear of facing discrimination
                                                                                                                                                             white women to file pregnancy discrimina-
                                              Committee Democrats voted down this                     or retaliation.                                        tion charges, they are also at a higher risk
                                              commonsense amendment.                                     I thank Chairman SCOTT and Chair-                   for pregnancy-related complications like
                                                I also submitted the same amend-                      man NADLER for their leadership. I                     pre-term labor, preeclampsia and hyper-
                                              ment to the Rules Committee so that                     urge my colleagues to support this bi-                 tensive disorders making reasonable accom-
                                              it could be debated today, but the                      partisan bill.                                         modations on the job even more important,




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                                              May 14, 2021                                      CONGRESSIONAL RECORD — HOUSE                                                                    H2325
                                              and loss of wages and health insurance due              lines. We must send a clear message                      PREGNANCY DISCRIMINATION, THE PDA, AND
                                              to pregnancy discrimination especially chal-            that religious freedom is nonnego-                                 YOUNG V. UPS, INC.
                                              lenging.                                                tiable.                                                  Pregnancy and childbirth are often locus
                                                To date, thirty-one states including the                                                                     points for discrimination against women in
                                              District of Columbia and four cities have                 Mr. SCOTT of Virginia. Mr. Speaker,
                                                                                                                                                             the workforce. Policies excluding or forcing
                                              passed laws requiring employers to provide              I yield such time as she may consume                   the discharge of pregnant women from the
                                              reasonable accommodations to pregnant                   to the gentlewoman from New Mexico                     workplace were common in the 1970s and re-
                                              workers. But the ability to maintain a                  (Ms. LEGER FERNANDEZ), a member of                     flected the stereotype that a woman’s pri-
                                              healthy pregnancy and keep a job should not             the Committee on Education and                         mary or sole duties were to be a homemaker
                                              depend on where a pregnant person works.                Labor.                                                 and raise children. The adoption of the Preg-
                                              Women are a crucial part of the workforce                                                                      nancy Discrimination Act (PDA) in 1978, an
                                                                                                        Ms.    LEGER      FERNANDEZ.      Mr.
                                              and their participation matters for the                                                                        amendment to Title VII of the Civil Rights
                                              growth of our economy and for the stability             Speaker, Sunday, we celebrated Moth-                   Act of 1964, established that discrimination
                                              and wellbeing of families nationwide.                   er’s Day. Today, we act to protect                     because of ‘‘pregnancy, childbirth, and re-
                                                The COVID–19 pandemic has exacerbated                 mothers-to-be.                                         lated medical conditions’’ was a form of dis-
                                              the conditions of pregnant workers. Preg-                 Every pregnant worker deserves the                   crimination ‘‘because of sex.’’ It was in-
                                              nant people are at a higher risk of falling ill         opportunity to support their family                    tended to dismantle the stereotype, and the
                                              from COVID–19 and experiencing complica-                without risking the health of their                    policies based on it, that viewed pregnant
                                              tions, and thus require increased protections                                                                  women’s labor force participation as contin-
                                                                                                      pregnancy. Yet, pregnant workers, es-                  gent, temporary, and dispensable without re-
                                              against the virus. Since the beginning of the
                                              pandemic, pregnant workers have experi-                 pecially those in low-wage and phys-                   gard to their individual capacity to do the
                                              enced increased levels of workplace discrimi-           ically demanding jobs, are often forced                job in question.
                                              nation by being denied accommodations and               to choose between their health and a                     The PDA also required employers to treat
                                              leave. The Pregnant Workers Fairness Act                paycheck.                                              pregnant workers the same as other tempo-
                                              would ensure that pregnant workers have ac-               The Pregnant Workers Fairness Act                    rarily disabled workers because Congress
                                              cess to the accommodations they need in                                                                        recognized that working women contributed
                                                                                                      will correct these flaws in our system                 to their families’ economic stability and
                                              order to have a safe workplace experience.
                                                                                                      to ensure that pregnant women are                      should not have to choose between a career
                                                The Pregnant Workers Fairness Act would
                                              strengthen existing federal protections, en-            treated fairly in the workplace.                       and continuing a pregnancy. Despite the
                                              sure more equitable workplaces and allow                  Women carried the brunt of losses                    PDA, pregnancy discrimination persists, and
                                              women to remain in the workforce and main-              during the pandemic, losing a net 5.4                  for many years courts routinely ruled
                                              tain their economic stability while having              million jobs. We need to make it easier                against workers who brought pregnancy ac-
                                              the accommodations necessary for healthy                                                                       commodation cases where they alleged dis-
                                                                                                      for them to get back to work, and that                 crimination when an employer provided a
                                              pregnancies. It is time to clarify and                  must include pregnant women.
                                              strengthen existing federal protections for                                                                    job modification to an employee temporarily
                                              pregnant workers by passing the Pregnant                  I am proud that my home State of                     unable to work but failed to do the same for
                                              Workers Fairness Act.                                   New Mexico passed legislation to pro-                  a pregnant worker.
                                                Sincerely,                                            tect pregnant workers, with bipartisan                   In Young v. United Parcel Service, Inc., the
                                                                   DEBRA L. NESS,                     support, last year. It is time for Con-                Supreme Court granted certiorari to resolve
                                                                             President,                                                                      a split in the Circuits and for the first time
                                                                                                      gress to do the same.                                  addressed the PDA’s application in the con-
                                                National Partnership for Women & Families.              Mr. Speaker, I include in the RECORD                 text of an employee who needed an accom-
                                                Ms. BONAMICI. Mr. Speaker, I urge                     a letter from the ACLU in support of                   modation due to pregnancy. The Court con-
                                              all of my colleagues to support this                    the Pregnant Workers Fairness Act.                     cluded that the statute’s mandate applied
                                              bill.                                                                               MAY 11, 2021.              with equal force in these circumstances and
                                                Ms. FOXX. Mr. Speaker, I yield 1                      Re Vote YES for the Pregnant Workers Fair-             articulated a modified analysis for failure-
                                              minute to the gentlewoman from Lou-                        ness Act (H.R. 1065).                               to-accommodate cases. The Court also of-
                                                                                                                                                             fered a new pretext analysis that plaintiffs
                                              isiana (Ms. LETLOW).                                      DEAR MEMBERS OF CONGRESS: On behalf of               may rely on when litigating claims under
                                                Ms. LETLOW. Mr. Speaker, I rise                       the American Civil Liberties Union, and our            the PDA’s second clause. Since Young, the
                                              today in opposition to H.R. 1065.                       more than 1.8 million members, supporters,             reflexive approval of employer policies favor-
                                                As a working mother who has two                       and activists, we write to express our sup-            ing workers with occupational injuries has
                                              beautiful children, I support reasonable                port for H.R. 1065, the Pregnant Workers               largely disappeared. However, the bright-line
                                              accommodations for pregnant workers.                    Fairness Act. This critical legislation would          deference to employer policies, and the
                                                                                                      combat an all-too-common form of preg-                 overbroad reading of such policies as ‘‘preg-
                                              Many of the provisions in the Pregnant
                                                                                                      nancy discrimination while also providing              nancy-blind,’’ has been replaced, in many in-
                                              Workers Fairness Act are admirable.                     employers much-needed clarity on their obli-           stances, with an unduly demanding standard
                                              However, it is equally important to                     gations under the law. We urge all members             for plaintiffs in making a showing of dif-
                                              protect First Amendment rights of our                   of the House of Representatives to vote in             ferential treatment—even at the initial
                                              religious organizations, hospitals, and                 favor of this measured, bipartisan, and                pleading stage, prior to having the benefit of
                                              schools, including those located in the                 longoverdue legislation.                               discovery. This trend undermines Young’s
                                              Fifth District of Louisiana.                              The ACLU has long fought to advance                  intent of demanding that employers justify
                                                Under this bill, organizations could                  women’s equality and opportunity by chal-              failures to accommodate pregnancy. Instead,
                                              be forced to make employment-related                    lenging laws and policies that discriminate            they impose unwarranted—and often insur-
                                                                                                      against women in the workplace and by dis-             mountable—burdens of proof on pregnant
                                              decisions that conflict with their faith                mantling the stereotypes that constrain
                                              and sacrifice their religious rights. For                                                                      workers that increasingly confer ‘‘least fa-
                                                                                                      women’s full engagement and participation              vored nation’’ status on the protected trait
                                              example, a faith-based employer could                   at work. Although the Pregnancy Discrimi-              of pregnancy. The stories of clients the
                                              be deemed in violation of this bill if it               nation Act has played a critical role over the         ACLU has represented—both as direct coun-
                                              does not accommodate an employee’s                      past 40 years in securing women’s place in             sel and as lead amicus—illustrate the harm:
                                              request for paid time off to undergo an                 the workforce, too many women continue to                Lochren v. Suffolk County: Sandra Lochren
                                              abortion.                                               be marginalized at work because of their de-           and five other police officers sued the Suf-
                                                Also, if signed into law, this bill al-               cision to become pregnant and have children.           folk County Police Department (SCPD) for
                                                                                                      This kind of discriminatory treatment has              refusing to temporarily reassign pregnant of-
                                              lows an independent and uncontrol-
                                                                                                      become most obvious when pregnant work-                ficers to deskwork and other non-patrol jobs,
                                              lable Federal agency to make addi-                      ers—predominantly women in physically de-              even though it did so for officers injured on
                                              tional rules and regulations that could                 manding or male-dominated jobs, low-wage               the job. But for those officers who opted to
                                              further erode religious liberties. It                   workers, and women of color—request tem-               keep working patrol, SCPD also failed to
                                              leaves decisionmaking in the hands of                   porary accommodations to address a medical             provide bulletproof vests or gun belts that
                                              unelected government bureaucrats.                       need and instead are terminated or placed on           would fit pregnant officers. Their only safe




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                                                Therefore, Congress must include a                    unpaid leave, causing devastating economic             option was to go on unpaid leave long before
                                              religious freedom exemption in the                      harm. The Pregnant Workers Fairness Act                their due dates.
                                                                                                      would respond to this problem by requiring               Cole v. SavaSeniorCare: When Jaimie Cole, a
                                              base text of this bill. When it comes to
                                                                                                      employers with fifteen or more employees to            certified nursing assistant, was in her third
                                              religious freedom and pro-life issues,                  provide reasonable and temporary accom-                trimester, she developed a high risk of
                                              we should not allow bureaucrats and                     modations to pregnant workers if doing so              preeclampsia, a condition that can lead to
                                              potentially the judicial system to                      would not impose an undue hardship on the              preterm labor or even death. Her doctor ad-
                                              make decisions by reading between the                   business.                                              vised her not to do any heavy lifting. Cole’s




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                                              H2326                                             CONGRESSIONAL RECORD — HOUSE                                                           May 14, 2021
                                              job required her to regularly help patients in          to other conditions that qualify as disabil-           ensure that all pregnant workers, not just
                                              and out of bed and assist with bathing, so she          ities, the population of non-pregnant work-            some, have the protections they need.
                                              asked for a temporary light duty assign-                ers entitled to reasonable accommodation is              It is time for Congress to act and pass the
                                              ment. Instead, her employer sent her home               exponentially larger than when the PDA was             Pregnant Workers Fairness Act.
                                              without pay for the rest of her pregnancy.              enacted more than 40 years ago. Accordingly,                 Sincerely,
                                                 Myers v. Hope Healthcare Center: Asia                without such express entitlement to accom-                              RONALD NEWMAN,
                                              Myers, a certified nursing assistant, experi-           modation, pregnant workers face an unten-                                 National Political Di-
                                              enced complications early in her pregnancy              able ‘‘least favored nation’’ status in the                                 rector.
                                              and was told by her doctor that she could               workplace.                                                              GILLIAN THOMAS,
                                              continue to work, but should not do any lift-             The simple solution to this no-win situa-                               Senior Staff Attorney.
                                              ing on the job. Although her employer had a             tion is the Pregnant Workers Fairness Act.                              VANIA LEVEILLE,
                                              history of providing light duty to workers              This legislation, modeled after the ADA and                               Senior       Legislative
                                              with temporary lifting restrictions, Myers              using a framework familiar to most employ-                                  Counsel.
                                              was told not to return to work until her re-            ers, takes a thoughtful and measured ap-
                                              strictions were lifted. She was out of work             proach to balancing the needs of working                                  b 0930
                                              for over a month with no income or health               people and employers by requiring businesses             Ms. FOXX. Mr. Speaker, I yield 2
                                              insurance coverage.                                     with fifteen or more employees to provide              minutes to the gentleman from Idaho
                                                 Hicks v. City of Tuscaloosa: Stephanie               workers with temporary, reasonable accom-
                                                                                                                                                             (Mr. FULCHER).
                                              Hicks, a narcotics investigator with the Tus-           modation for known limitations related to
                                                                                                      pregnancy, childbirth, or related medical
                                                                                                                                                               Mr. FULCHER. Mr. Speaker, there is
                                              caloosa Police Department in Alabama,
                                                                                                      conditions if doing so would not place an              no question that pregnant workers
                                              wanted to breastfeed her new baby, but her
                                              bulletproof vest was restrictive, painful, and          undue hardship on business. It also prohibits          should be treated fairly and be pro-
                                              prone to causing infection in her breasts.              employers from forcing a pregnant employee             vided with reasonable accommodations
                                              She asked for a desk job but her employer re-           to take a leave of absence if a reasonable ac-         in the workforce. We are all in favor of
                                              fused, even though it routinely granted desk            commodation can be provided; prevents em-              commonsense guidelines to ensure this.
                                              jobs to officers unable to fulfill all of their         ployers from denying job opportunities to an             Serving as a subcommittee ranking
                                              patrol duties. Instead, it offered her an ill-          applicant or employee because of the individ-          member in the Education and Labor
                                              fitting vest that put her at risk.                      ual’s need for a reasonable accommodation;
                                                                                                      prevents an employer from forcing an appli-
                                                                                                                                                             Committee, I had the opportunity to
                                                 Legg v. Ulster County: Corrections Officer                                                                  dive deeply into this bill and partici-
                                              Ann Marie Legg was denied light duty during             cant or employee to accept a specific accom-
                                              her pregnancy, even though Ulster County                modation; and prohibits retaliation against            pate in the full committee markup.
                                              gave such assignments to guards injured on              individuals who seek to use PWFA to protect              While much of this law is redundant
                                              the job. In her third trimester, Legg had to            their rights.                                          to the two laws that currently protect
                                              intervene in a fight, prompting her to go on              At a time when women constitute nearly 60            pregnant workers, I agree with many of
                                              leave rather than face future risks.                    percent of the workforce and contribute sig-           the provisions in the bill, and it was
                                                 Allen v. AT&T Mobility: Cynthia Allen lost           nificantly to their families’ economic well-           substantially     improved    from    the
                                              her job because she accumulated too many                being, passage of PWFA is a dire necessity.
                                                                                                      When a pregnant worker is forced to quit, co-
                                                                                                                                                             version introduced in 2019.
                                              ‘‘points’’ under AT&T Mobility’s punitive at-                                                                    During our markup, I asked for an
                                              tendance policy due to pregnancy-related                erced into taking unpaid leave, or fired be-
                                                                                                      cause her employer refuses to provide a tem-           amendment to clarify one specific pro-
                                              symptoms such as nausea. The policy makes
                                              accommodation for late arrivals, early de-              porary job modification, the economic im-              vision before lending my support. My
                                              partures, and absences due to thirteen enu-             pact can be severe; if she is the sole or pri-         provision singles out religious organi-
                                              merated reasons, some medical and some                  mary breadwinner for her children, as nearly           zations by removing the exemption
                                              not, but none due to pregnancy and preg-                half of working women are, her entire family           found in nearly every civil rights bill,
                                              nancy-related symptoms.                                 will be without an income when they most               including the Civil Rights Act.
                                                 Durham v. Rural/ Metro Corp: Michelle Dur-           need it. She further may be denied unem-                 Because each religion has its own
                                              ham was an EMT in Alabama whose job                     ployment benefits because she is considered
                                                                                                      to have left her job voluntarily. She may
                                                                                                                                                             unique customs, requirements, and tra-
                                              often required her to lift patients on stretch-                                                                ditions, it is not reasonable to mandate
                                              ers into an ambulance. When she became                  have few if any additional resources on
                                              pregnant, her health care provider imposed a            which to rely. PWFA ensures that women                 employment decisions that conflict
                                              restriction on heavy lifting. Durham asked              would not face such devastating con-                   with people’s faith.
                                              Rural/Metro for a temporary modified duty               sequences. Instead, it treats pregnancy for              By not including this longstanding
                                              assignment during her pregnancy, but was                what it is—a normal condition of employ-               Civil Rights Act provision, H.R. 1065 is
                                              rejected, despite the company’s policy of giv-          ment.                                                  likely to create legal risk for religious
                                              ing such assignments to others. She was told              PWFA promotes women’s health. Accom-
                                                                                                                                                             organizations. Pregnancy-discrimina-
                                              her only option was to take unpaid leave.               modations make a difference in physically
                                                                                                      demanding jobs (requiring long hours, stand-           tion or pregnancy-accommodation laws
                                                WHY CONGRESS SHOULD PASS THE PREGNANT
                                                                                                      ing, lifting heavy objects, etc.) where the            in at least 16 States and the District of
                                                        WORKERS FAIRNESS ACT                                                                                 Columbia also include a provision simi-
                                                                                                      risk of preterm delivery and low birth weight
                                                It is indisputable that Young was an im-              are significant. The failure to provide ac-            lar to the Civil Rights Act religious or-
                                              portant step forward to combat pregnancy                commodations can be linked to miscarriages             ganizations protection.
                                              discrimination. Yet, too many pregnant                  and premature babies who suffer from a vari-             By adding a simple reference in H.R.
                                              workers continue to face insurmountable ob-             ety of ailments. This bill would be an impor-          1065 to the Civil Rights Act, we can
                                              stacles in HR offices, where employers mis-             tant contribution in the fight to improve
                                              understand their obligations under the PDA,                                                                    harmonize the bill with current law
                                                                                                      maternal health and mortality.
                                              and in courtrooms across the country, where               There is also a strong business case for             and ensure that religious organizations
                                              judges use Young to hinder access to needed             PWFA. Providing pregnant employees with                receive the same protections as out-
                                              accommodations. Despite the clear mandates              reasonable accommodations increases work-              lined in the Civil Rights Act. This is
                                              of the PDA, the current legal landscape                 er productivity, retention, and morale, and            the only reasonable thing to do.
                                              leaves exposed and unprotected those preg-              reduces health care costs associated with                Mr. SCOTT of Virginia. Mr. Speaker,
                                              nant workers who want to continue working               pregnancy complications. PWFA can also re-             I yield 1 minute to the gentlewoman
                                              while maintaining a healthy pregnancy.                  duce litigation costs by providing greater             from Georgia (Mrs. MCBATH), a member
                                                Similarly, many pregnant workers have                 clarity regarding an employer’s legal obliga-
                                              not found protection or recourse under the
                                                                                                                                                             of the Education and Labor Com-
                                                                                                      tions to pregnant workers. In fact, the U.S.
                                              Americans with Disabilities Act of 1990 be-             Chamber of Commerce stated that PWFA                   mittee.
                                              cause absent complications, pregnancy is not            would establish ‘‘clear guidelines and a bal-            Mrs. MCBATH. Mr. Speaker, I thank
                                              considered a disability that substantially              anced process that works for employers and             Chairman SCOTT for bringing this vital
                                              limits a major life activity. This legal re-            employees alike.’’ Additionally, a group of            legislation to the floor.
                                              ality means that many of the symptoms of a              leading private sector employers expressed               The Pregnant Workers Fairness Act
                                              normal pregnancy that can disrupt a work-               their support for PWFA and noted ‘‘women’s             will ensure that no pregnant woman is




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                                              er’s ability to do her job—such as extreme              labor force participation is critical to the           unfairly forced out of their job or risk
                                              fatigue, morning sickness, or limitations on            strength of our companies, the growth of our           their health just simply to earn a pay-
                                              her mobility—are not entitled to accommo-               economy and the financial security of most
                                              dation. Moreover, many pregnant workers
                                                                                                                                                             check. Our mothers deserve these Fed-
                                                                                                      modern families.’’
                                              seek accommodation precisely because they                 Finally, 30 states across the political and          eral protections.
                                              wish to avoid the conditions that might dis-            ideological spectrum have recognized the                 I believe that we all want to support
                                              able them or endanger their pregnancy. Yet              benefits of providing reasonable accommoda-            our working mothers. Allowing these
                                              because the ADA is so expansive with respect            tions to pregnant workers. Congress should             simple accommodations can make the



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                                              May 14, 2021                                      CONGRESSIONAL RECORD — HOUSE                                                                      H2327
                                              difference between being forced out of                   The Sustainable Food Policy Alliance:                 that wants to deny anyone any oppor-
                                              a job and providing a living for them-                   Danone North America, White Plains, NY;               tunity.
                                              selves and for their families.                          Mars Incorporated, McLean, VA; Nestlé                   This is a fair assessment. I know it
                                                                                                      USA, Arlington, VA; Unilever United States,
                                                Twenty-seven States have already                                                                             personally because I was denied a job
                                                                                                      Englewood Cliffs, NJ.
                                              passed laws that require certain em-                                                                           because I was nursing. A job was taken
                                              ployers to provide accommodations to                      Mrs. MCBATH. Mr. Speaker, I urge                     away from me. When I was pregnant
                                              pregnant women. It is time for Federal                  all my colleagues to vote ‘‘yes’’ on this              and was about to give birth, there was
                                              action to ensure that all pregnant                      legislation.                                           no definition of pregnancy leave for my
                                              women are protected from discrimina-                      Ms. FOXX. Mr. Speaker, I yield 1                     position. At that time I was a lawyer,
                                              tion and can continue to support their                  minute to the gentlewoman from                         practicing law in a large firm, and it
                                              families.                                               Michigan (Mrs. MCCLAIN).                               was, at best, two weeks and get back.
                                                This legislation is supported by both                   Mrs. MCCLAIN. Mr. Speaker, I rise                      So I understand that this is essential
                                              women’s health groups and the indus-                    today in objection to the Pregnant                     for those workers in working condi-
                                              try.                                                    Workers Fairness Act.                                  tions where they do not have the power
                                                Mr. Speaker, I include in the RECORD                    This bill was so close to being a bi-                to be protected, that they are doing
                                              a letter from major employers and                       partisan bill. In fact, I was ready to                 heavy lifting, that they have phys-
                                              leaders in the business community                       vote ‘‘yes’’ on it because, as the major-              ically demanding jobs, that they are
                                              across the country that are voicing                     ity of people, I do not believe in dis-                the sole provider of their family.
                                              support for this legislation.                           crimination. But at the very last                        This is important. Black and Latino
                                                                                                      minute, the majority had to throw in a                 women particularly suffer, minority
                                              OPEN LETTER IN SUPPORT OF THE PREGNANT
                                                WORKERS FAIRNESS ACT FROM LEADING PRI-                provision to actually allow discrimina-                women, particularly a burden.
                                                VATE-SECTOR EMPLOYERS                                 tion in a bill that is supposed to be                    Three in ten pregnant workers are
                                                                           MARCH 15, 2021.            about nondiscrimination—the very last                  employed in four of the occupations
                                                DEAR MEMBERS OF CONGRESS: Women’s                     minute.                                                that make up the backbone of our com-
                                              labor force participation is critical to the              Ranking Member FOXX offered an                       munities. We must have this bill.
                                              strength of our companies, the growth of our            amendment to protect and not to dis-                     I ask my colleagues to support this
                                              economy and the financial security of most              criminate against religious organiza-                  legislation.
                                              modern families. The private sector and our             tions.                                                   Mr. Speaker, I include in the RECORD
                                              nation’s elected leaders must work together               Guess what the majority did?                         a letter from the disabled community,
                                              to ensure that working women and families                 They voted it down.
                                              have the protections and opportunities they                                                                    mental health community, United Spi-
                                                                                                        Remember, this is supposed to be a                   nal Association, and others.
                                              need to participate fully and equally in the
                                              workplace. Twenty-eight leading companies               bill about not discriminating, yet we                                                   MAY 11, 2021.
                                              from across states and industries have come             vote this down.                                        Re Support for Pregnant Workers Fairness
                                              together in support of pregnant workers and               Although the bill sounds good, and as                    Act, H.R. 1065.
                                              their families by calling on Congress to pass           a woman—and I will say I am a                          Hon. BOBBY SCOTT,
                                              H.R. 2694, the bipartisan Pregnant Workers              woman—as a mother—and I am proud                       Chairman, Committee on Education and Labor,
                                              Fairness Act, without delay.                            to be a mother—I was also pregnant                     House of Representatives, Washington DC.
                                                More than 40 years ago, Congress passed
                                                                                                      and a worker. So I believe in fairness.                Hon. VIRGINIA FOXX,
                                              the Pregnancy Discrimination Act of 1978,                                                                      Ranking Member, Committee on Education and
                                              which made it illegal to discriminate against           I believe in nondiscrimination. I be-
                                                                                                      lieve in protecting the rights of those                    Labor, House of Representatives, Wash-
                                              most working people on the basis of preg-                                                                          ington DC.
                                              nancy, childbirth or related medical condi-             individuals.                                             DEAR CHAIRMAN SCOTT AND RANKING MEM-
                                              tions. Since that time, 30 states and the Dis-            But let’s stop playing games in Con-                 BER FOXX: As co-chairs of the Consortium for
                                              trict of Columbia now require certain em-               gress. Let’s actually start protecting                 Citizens with Disabilities (CCD) Rights Task
                                              ployers to provide accommodations to preg-              the people who need protection, and                    Force, we write in strong support of the
                                              nant employees at work. It’s now time to                let’s get to work.                                     Pregnant Workers Fairness Act, H.R. 1065.
                                              clarify and strengthen existing federal pro-
                                                                                                        Mr. SCOTT of Virginia. Mr. Speaker,                  CCD is the largest coalition of national orga-
                                              tections for pregnant workers by passing the                                                                   nizations working together to advocate for
                                              Pregnant Workers Fairness Act. This bill                I yield 2 minutes to the gentlewoman
                                                                                                      from Texas (Ms. JACKSON LEE).                          federal public policy that ensures the self-de-
                                              would ensure that pregnant workers who                                                                         termination, independence, empowerment,
                                              need reasonable accommodations can receive                Ms. JACKSON LEE. Mr. Speaker, I
                                                                                                                                                             integration and inclusion of children and
                                              them and continue to do their jobs.                     thank the distinguished gentleman
                                                                                                                                                             adults with disabilities in all aspects of soci-
                                                As a business community, we strive to cre-            from Virginia for his kindness.
                                              ate more equitable workplaces and better                                                                       ety.
                                                                                                        This has to pass today if we have any                  The Americans with Disabilities Act
                                              support pregnant workers and their families             sense of fairness not only to women,                   (ADA)’s mandate that covered employers
                                              every day. We urge the passage of the Preg-
                                              nant Workers Fairness Act as an important
                                                                                                      but to our children.                                   make reasonable accommodations to ensure
                                              advancement toward ensuring the health,                   The Pregnant Workers Fairness Act                    equal opportunity for applicants and employ-
                                                                                                      would establish that private-sector em-                ees with disabilities has been tremendously
                                              safety and productivity of our modern work-
                                                                                                      ployers with more than 15 employees,                   important in helping people with disabilities
                                              force—and the workforce of tomorrow.
                                                Signed:                                                                                                      secure and maintain employment. While the
                                                                                                      and public-sector employers must
                                                Adobe, San Jose, CA; Amalgamate Bank,                                                                        ADA does not cover pregnancy itself as a dis-
                                                                                                      make reasonable accommodations for                     ability, in light of the ADA Amendments
                                              New York, NY; AnitaB.org, Belmont, CA;
                                                                                                      pregnant employees, job applicants,                    Act, which lowered the standard for dem-
                                              BASF Corporation, Florham Park, NJ;
                                              Care.com, Inc., Waltham, MA; Chobani, Nor-              and individuals with known limitations                 onstrating a disability from what the courts
                                              wich, NY; Cigna Corp., Bloomfield, CT; Dow,             related to pregnancy, childbirth, or re-               had previously applied, many pregnant work-
                                              Midland, MI; Expedia Group, Seattle, WA;                lated medical conditions.                              ers who experience pregnancy-related com-
                                              Facebook, Menlo Park, CA; Gap Inc., San                   Pregnant workers and individuals                     plications should be covered as people with
                                              Francisco, CA; H&M USA, New York, NY;                   with known limitations related to                      disabilities and entitled to reasonable ac-
                                              ICM Partners, Los Angeles, Ca.                          pregnancy, childbirth, or related med-                 commodations under the ADA. Yet many
                                                J. Crew, New York, NY; Johnson & John-                                                                       courts have continued to interpret the
                                                                                                      ical conditions cannot be denied em-                   ADA’s coverage narrowly, and in practice,
                                              son, New Brunswick, NJ; L’Oréal USA, New
                                              York, NY; Levi Strauss & Co., San Fran-                 ployment.                                              large numbers of pregnant workers are not
                                              cisco, CA; Madewell, Long Island City, NY;                The Supreme Court decision, just re-                 offered reasonable accommodations. Fur-
                                              Mastercard, Purchase, NY; Microsoft Cor-                cently, in 2015, that allowed pregnant                 thermore, a clear pregnancy accommodation
                                              poration, Redmond, WA; Navient, LLC., Wil-              workers to bring reasonable accommo-                   standard will help prevent pregnancy-related
                                              mington, DE; National Association of Manu-              dation discrimination claims is not                    complications before they arise. Such ac-




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                                              factures, Washington, DC; Patagonia, Ven-               enough because pregnant workers are                    commodations should be provided to preg-
                                              tura, CA; Paypal, San Jose, CA; Postmates,              still being denied accommodations, be-                 nant workers so that they can remain in the
                                              San Francisco, CA.                                                                                             workforce and not lose their employment
                                                Salesforce, San Francisco, CA; Society of
                                                                                                      cause the Young decision set an unrea-
                                                                                                                                                             simply because they experience pregnancy-
                                              Women Engineers, Chicago, IL; Spotify, New              sonably high standard for proving dis-                 related limitations.
                                              York, NY; Square, Inc., San Francisco, CA;              crimination.                                             The accommodation requirement of H.R.
                                              Sun Life, Wellesley, MA; U.S. Women’s                     This is not discrimination. I have                   1065 is limited, as is the ADA’s accommoda-
                                              Chamber of Commerce, Washington, DC.                    never seen a religious organization                    tion requirement, to those accommodations




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                                              H2328                                             CONGRESSIONAL RECORD — HOUSE                                                           May 14, 2021
                                              that are reasonable and would not impose an             uals make adjustments in their work activi-            sive bleeding, and other devastating health
                                              undue hardship. That standard takes into ac-            ties to sustain a healthy pregnancy and pre-           consequences. Black women have the highest
                                              count the needs of employers while also en-             vent adverse pregnancy outcomes, including             incidence of preterm birth and yet we know
                                              suring that pregnant workers can stay on                preterm birth or miscarriage. These medi-              that workplace accommodations such as re-
                                              the job with reasonable accommodations.                 cally necessary workplace accommodations               ducing heavy lifting, bending, or excessive
                                              This protection is critical not only for preg-          can include allowing additional bathroom               standing can help prevent preterm birth, the
                                              nant workers but for our national economy.              breaks, opportunities to stay hydrated, lift-          leading cause of infant mortality in this
                                                The Pregnant Workers Fairness Act is par-             ing restrictions, or access to a chair or stool        country.
                                              ticularly important to people with disabil-             to decrease time spent standing.                         Black women also experience higher rates
                                              ities. Many people with disabilities who did              Unfortunately, too many pregnant work-               of preeclampsia, which is one of the leading
                                              not require accommodations before becom-                ers, particularly pregnant people of color,            causes of maternal mortality. We are still
                                              ing pregnant experience new complications               face barriers to incorporating even these              learning about how to prevent this dan-
                                              due to how pregnancy impacts their disabil-             small changes to their workdays. For exam-             gerous medical condition, yet we know that
                                              ities, and need accommodations once they                ple, Black women experience maternal mor-              simply allowing workers to take bathroom
                                              become pregnant. These workers are some-                tality rates three to four times higher than           breaks can prevent urinary tract infections
                                              times told that they are not entitled to ac-            white women, with Indigenous women simi-               which    are   ‘‘strongly  associated   with
                                              commodations because the employer views                 larly experiencing disproportionately high             preeclampsia. Similarly, ensuring pregnant
                                                                                                      rates. The circumstances surrounding these             workers can drink a sufficient amount of
                                              the need for accommodation as related to
                                                                                                      alarming statistics can often be attributed            water can also help pregnant workers main-
                                              pregnancy rather than to the worker’s un-
                                                                                                      to a lack of access to care, including due to          tain their blood pressure which is critically
                                              derlying disability.
                                                                                                      inflexible workplaces, and deep biases in ra-          important since hypertensive disorders (high
                                                We thank the Committee for moving the
                                                                                                      cial understanding. Various social deter-              blood pressure) are also a leading cause of
                                              bill forward and urge all members of the
                                                                                                      minants such as health, education, and eco-            maternal morbidity and mortality. By put-
                                              House of Representatives to vote for the                                                                       ting a national pregnancy accommodation
                                              Pregnant Workers Fairness Act and oppose                nomic status drastically influence the out-
                                                                                                      comes of pregnancy for Black women leading             standard in place, the Pregnant Workers
                                              any motion to recommit.                                                                                        Fairness Act has the potential to improve
                                                     Sincerely,                                       to severe pregnancy-related complications.
                                                                                                      As the Black Mamas Matter Alliance has                 some of the most serious health con-
                                                                JENNIFER MATHIS,                                                                             sequences Black pregnant people experience.
                                                                  Bazelon Center for                  pointed out ‘‘Health is determined in part by
                                                                                                      our access to social and economic opportuni-           Furthermore, the Pregnant Workers Fair-
                                                                   Mental Health Law.                                                                        ness Act will help remove one of the many
                                                                STEPHEN LIEBERMAN,                    ties, the resources and supports that are
                                                                                                      available in the places where we live, and the         barriers Black pregnant people face at work
                                                                  United Spinal Associa-                                                                     by ensuring they are afforded immediate re-
                                                                   tion.                              safety of our workplaces . . . however, dis-
                                                                                                      parities in these conditions of daily life give        lief under the law, and not thrown into fi-
                                                                ALLISON NICHOL,                                                                              nancial dire straits for needing pregnancy
                                                                  Epilepsy Foundation.                some people better opportunities to be
                                                                                                                                                             accommodations.
                                                                KELLY BUCKLAND,                       healthy than others.’’ Black pregnant work-              The Pregnant Workers Fairness Act is a
                                                                  National Council on                 ers along with Latinx and immigrant women              measured approach to a serious problem. As
                                                                   Independent Living.                are disproportionately likely to work in               organizations dedicated to maternal health
                                                                SAMANTHA CRANE,                       physically demanding jobs that may lead to             and closing racial disparities in pregnancy
                                                                  Autistic Self Advocacy              workers needing modest accommodations to               and birth outcomes, we understand the im-
                                                                   Network.                           ensure a healthy pregnancy. Too often, how-            portance of reasonable workplace accom-
                                                                MOLLY BURGDORF,                       ever, those requests are refused or ignored,           modations to ensure that pregnant persons
                                                                  The Arc of the United               forcing pregnant workers of color to dis-              can continue to provide for their families
                                                                   States.                            proportionately contend with unsafe work-              and have safe and healthy pregnancies. We
                                                Co-chairs, CCD Rights Task Force.                     ing conditions.                                        collectively urge swift passage of the Preg-
                                                                                                        Furthermore, Black mothers have among                nant Workers Fairness Act.
                                                Ms. JACKSON LEE. Mr. Speaker, I                       the highest labor force participation rates in           Sincerely,
                                              include in the RECORD a letter rep-                     the country and 80 percent of Black mothers              Black Mamas Matter Alliance; March of
                                              resenting organizations from Black                      are their family’s primary breadwinner. Yet,           Dimes; National WIC Association; 1,000 Days;
                                              Mamas Matter Alliance, to March of                      historically, Black women have been ex-                Academy of Nutrition and Dietetics; Amer-
                                              Dimes, to 1,000 Days to Academy of Nu-                  ploited in the workplace, and that exploi-             ican Academy of Pediatrics; American Col-
                                              trition and Dietetics.                                  tation continues to this day. Though Black             lege of Obstetricians and Gynecologists; Ag-
                                                                                                      women only comprise 14.3 percent of the pop-           ricultural Justice Project; Ancient Song
                                                                              MAY 11, 2021.           ulation, nearly thirty percent of pregnancy            Doula Services; Association of Maternal &
                                              Re Support the Pregnant Workers Fairness                discrimination complaints are filed by Black           Child Health Programs; Baobab Birth Collec-
                                                  Act.                                                women. This is because of the multiple forms           tive; Black Women’s Health Imperative;
                                                DEAR REPRESENTATIVE: The undersigned                  of discrimination Black workers and other              Breastfeeding in Combat Boots.
                                              organizations dedicated to assuring quality             workers of color too often face in the work-             California WIC Association; Centering Eq-
                                              maternal, infant, and child health and well-            place. As scholar Nina Banks has noted,                uity, Race & Cultural Literacy in Family
                                              being, improving pregnancy and birth out-               ‘‘The legacy of black women’s employment               Planning (CERCL-FP); Earth Action, Inc.;
                                              comes, and closing racial disparities in ma-            in industries that lack worker protections             Farmworker and Landscaper Advocacy
                                              ternal health enthusiastically support the              has continued today since black women are              Project; Farmworker Association of Florida;
                                              Pregnant Workers Fairness Act (H.R. 1065).              concentrated in low-paying, inflexible serv-           Feminist Women’s Health Center; First
                                              Modeled after the Americans with Disabil-               ice occupations . . .’’ Black women in low             Focus Campaign for Children; Healthy Moth-
                                              ities Act, the bill would require employers to          wage jobs working during pregnancy face lit-           ers, Healthy Babies Coalition of Georgia;
                                              provide reasonable, temporary workplace ac-             tle support from employers when safeguards             Healthy Women; Human Rights Watch;
                                              commodations to pregnant workers as long                do not address pregnancy related accom-                Mom2Mom Global; NARAL Pro-Choice
                                              as the accommodation does not impose an                                                                        America.
                                                                                                      modations. Faced with the threat of termi-
                                              undue hardship on the employer. This bill is                                                                     National Association of Nurse Practi-
                                                                                                      nation, loss of health insurance, or other
                                              critically important because no one should                                                                     tioners in Women’s Health; National Birth
                                                                                                      benefits, Black pregnant people are often              Equity Collaborative; National Partnership
                                              have to choose between having a healthy                 forced to keep working which can com-                  for Women & Families; National Women’s
                                              pregnancy and a paycheck.                               promise their health and the health of their
                                                Congress must do all it can to end the prej-                                                                 Health Network; Nebraska WIC Association;
                                                                                                      pregnancy.                                             Nurse-Family Partnership; Physicians for
                                              udice pregnant workers, especially Black                  Workplace accommodations help safeguard
                                                                                                                                                             Reproductive Health; Planned Parenthood
                                              pregnant workers and workers of color, con-             a healthy pregnancy or prevent harm to a
                                                                                                                                                             Federation of America; Public Citizen,
                                              tinue to face in the workplace. This includes           higher-risk pregnancy. Across the country,
                                                                                                                                                             SisterReach; SisterSong National Women of
                                              making sure when pregnant workers voice a               pregnant workers continue to be denied sim-
                                                                                                                                                             Color Reproductive Justice Collective; U.S.
                                              need for reasonable accommodations that                 ple, no-cost or lowcost, temporary adjust-             Breastfeeding Committee; Workplace Fair-
                                              those needs are met rather than penalized               ments in their work settings or activities             ness; Wisconsin WIC Association; ZERO TO
                                              and that the workplace is an environment                and instead risk being fired or forced to take         THREE.
                                              where pregnant workers do not fear asking               unpaid leave to preserve the health of their




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                                              for the accommodations they need to main-               pregnancy.                                               Ms. JACKSON LEE. Mr. Speaker, I
                                              tain their health.                                        This impossible choice forces many preg-             include in the RECORD a letter from the
                                                Three-quarters of women will be pregnant              nant workers to continue working without               YWCA dealing with 200 local organiza-
                                              and employed at some point in their lives.)             accommodations, putting women and their                tions in 45 States.
                                              (Most pregnant workers can expect a routine             pregnancies at risk of long-lasting and se-                                       YWCA USA,
                                              pregnancy and healthy birth. However,                   vere health consequences. When pregnant                             Washington, DC, May 11, 2021.
                                              health care professionals have consistently             workers must continue working without ac-               DEAR REPRESENTATIVE: On behalf of YWCA
                                              recommended that some pregnant individ-                 commodations, they risk miscarriage, exces-            USA, a network of over 200 local associations




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                                              May 14, 2021                                      CONGRESSIONAL RECORD — HOUSE                                                                      H2329
                                              in 45 states and the District of Columbia, I            have begun to adopt policies similar to those          modation so they can continue working with-
                                              write today to urge you to pass the Pregnant            identified in the Pregnant Workers Fairness            out jeopardizing their pregnancy.
                                              Workers Fairness Act (H.R. 1065). As the                Act have reported reduced lawsuits and                     The Supreme Court’s landmark decision in
                                              economy continues to struggle under the                 greater employee morale. Providing reason-
                                              weight of the COVID–19 pandemic dispropor-
                                                                                                                                                             Young v. United Parcel Service, 575 U.S. —,
                                                                                                      able accommodations for pregnant women
                                              tionately affecting women and marginalized              will benefit both the employer and employ-             No. 12–1226, 135 S.Ct. 1338; 191 L. Ed. 2d
                                              communities, there is no better time to take            ees.                                                   279 (2015) allowed pregnant workers to bring
                                              action to improve the economic security of                No one should have to choose between                 reasonable accommodation discrimination
                                              women and families and strengthen our                   their paycheck and a healthy pregnancy—an              claims under the PDA.
                                              economy. I urge you to pass H.R. 1065 with-             issue only to be exacerbated by the pan-                   But pregnant workers are still being denied
                                              out delay.                                              demic—and it’s time Congress took action to            accommodations because the Young decision
                                                For over 160 years, YWCA has been on a                protect pregnant workers. If passed, this bill
                                              mission to eliminate racism, empower
                                                                                                                                                             set an unreasonably high standard for proving
                                                                                                      would take critical steps towards strength-
                                              women, and promote peace, justice, freedom,                                                                    discrimination, requiring workers to prove that
                                                                                                      ening women’s economic security, particu-
                                              and dignity for all. From our earliest days             larly at a time when the country continues             their employers accommodated non-pregnant
                                              providing skills and housing support to                 to recover from the COVID–19 pandemic. At              workers with similar limitations.
                                              women entering the workforce in the 1850s,              this pivotal moment, Congress must take ag-                The fact is, Mr. Speaker, there are no simi-
                                              YWCA has been at the forefront of the most              gressive action to address the economic dis-           lar conditions to pregnancy.
                                              pressing social movements—from voting                   parities disproportionately affecting women                As a result, in two-thirds of cases after
                                              rights to civil rights, from affordable hous-           and women of color. We urge you to pass the            Young, courts ruled against pregnant workers
                                              ing to pay equity, from violence prevention             Pregnant Workers Fairness Act (H.R 1065)
                                              to health care reform. Today, we serve over                                                                    who were seeking accommodations under the
                                                                                                      today.                                                 PDA.
                                              2 million women, girls and family members                 Thank you for your time and consider-
                                              of all ages and backgrounds in more than                ation. Please contact Pam Yuen, YWCA USA
                                                                                                                                                                 Providing accommodations ensures that
                                              1,200 communities each year.                            Director of Government Relations, if you               women can work safely while pregnant instead
                                                Informed by our extensive history, the ex-            have any questions.                                    of getting pushed out of work at a time when
                                              pertise of our nationwide network, and our                    Sincerely,                                       they may need their income the most.
                                              collective commitment to advocating for the                                     ELISHA RHODES,                     The Pregnant Workers Fairness Act is espe-
                                              equity of women and families, we believe                       Interim CEO & Chief Operating Officer.
                                              that no one should have to choose between
                                                                                                                                                             cially important considering that many preg-
                                              their livelihoods and their health, family, or             Ms. JACKSON LEE. Mr. Speaker,                       nant workers hold physically demanding or
                                              safety. Yet far too many women and fami-                women are in the workplace. They are                   hazardous jobs, and thus may be especially
                                              lies, including a disproportionate number of            the backbone of this economy. We need                  likely to need reasonable accommodations at
                                              women and families of color, must make this             to pass this legislation and pass it now.              some point during their pregnancy.
                                              choice every day. This has become more                     I thank Mr. SCOTT and Mr. NADLER                        Mr. Speaker, research shows that pregnant
                                              clear as the effects of the COVID–19 pan-               for their leadership.                                  workers are likely to hold jobs that involve
                                              demic become more transparent. The impact
                                                                                                         Mr. Speaker, as a senior member of the Ju-          standing and making continuous movements,
                                              of the COVID–19 pandemic has fallen heavily
                                              on women and women of color. Women are                  diciary, Homeland Security, and Budget Com-            which can raise specific challenges during
                                              especially likely to be essential workers, but          mittees, the Democratic Working Women Task             pregnancy.
                                              they are also bearing the brunt of job losses,          Force, the Founder and Co-Chair of the Con-                Such physically demanding work—including
                                              while shouldering increased caregiving re-              gressional Children’s Caucus, and as cospon-           jobs that require prolonged standing, long
                                              sponsibilities that have pushed millions out            sor, I rise in strong support of H.R. 1065, the        work hours, irregular work schedules, heavy
                                              of the workforce entirely, resulting in an              Pregnant Workers Fairness Act (PWFA),                  lifting, or high physical activity—carries an in-
                                              economic     ‘‘Shesession’’.   Black   women,           which would ensure that pregnant workers can           creased risk of pre-term delivery and low birth
                                              Latinas, and other women of color are espe-
                                                                                                      continue to do their jobs and support their            weight.
                                              cially likely to be on the front lines of the
                                              crisis, risking their lives in jobs in health           families by requiring employers to make work-              Twenty-one (20.9) percent of pregnant
                                              care, child care, and grocery stores, all while         place adjustments for those workers who need           workers are employed in low-wage jobs, which
                                              being paid less than their male counterparts.           them due to pregnancy, childbirth, and related         are particularly likely to be physically demand-
                                              Pregnant employees are no exception to this             medical conditions, like breastfeeding.                ing.
                                              situation and often forced out of work or                  The Pregnant Workers Fairness Act would                 Pregnant black and Latina women are dis-
                                              forced to risk their health due to unclear              establish that private sector employers with           proportionately represented in low-wage jobs,
                                              laws around pregnancy accommodations,                   more than 15 employees and public sector               which means as a result, these workers are
                                              particularly during the pandemic.                                                                              especially likely to stand, walk or run continu-
                                                The bipartisan Pregnant Workers Fairness              employers must make reasonable accom-
                                              Act (H.R. 1065) takes critical steps to pro-            modations for pregnant employees, job appli-           ously during work, and therefore may be more
                                              mote healthy pregnancies and support the                cants, and individuals with known limitations          likely to need an accommodation at some
                                              economic security of pregnancy workers.                 related to pregnancy, childbirth, or related           point during pregnancy to continue to work
                                              Today, women are a primary source of finan-             medical conditions.                                    safely.
                                              cial support for many families and bear sig-               Similar to the Americans with Disabilities              Three in ten pregnant workers are employed
                                              nificant caretaking responsibilities at home.           Act, employers are not required to make an             in four of the occupations that make up the
                                              At least half of all households in the U.S.             accommodation if it imposes an undue hard-             backbone of our communities: elementary
                                              with children under the age of 18 have either
                                                                                                      ship on an employer’s business.                        school teachers, nurses, and home health
                                              a single mother who heads a household or a
                                              married mother who provides at least 40 per-               Pregnant workers and individuals with               aides.
                                              cent of a family’s earnings. Additionally,              known limitations related to pregnancy, child-             Employers can accommodate pregnant
                                              more than four in five Black mothers                    birth, or related medical conditions cannot be         workers because pregnant women make up a
                                              (81.1%), 67.1% of Native American mothers,              denied employment opportunities, retaliated            small share of the workforce, even in the oc-
                                              and 52.5% of Latina mothers are bread-                  against for requesting a reasonable accommo-           cupations where they are most likely to work,
                                              winners. As demographics shifts and a higher            dation, or forced to take paid or unpaid leave         which means that only a very small share of
                                              number of women take their place in the                 if another reasonable accommodation is avail-          an employer’s workforce is likely to require
                                              workforce, a higher number of pregnant
                                                                                                      able.                                                  pregnancy accommodations in any given year
                                              workers than ever before are working later
                                              into their pregnancies, often in physically
                                                                                                         Workers denied a reasonable accommoda-              since less than two percent of all workers in
                                              demanding jobs without worker accommoda-                tion under the Pregnant Workers Fairness Act           the United States are pregnant each year.
                                              tions. As a result, too many pregnant work-             will have the same rights and remedies as                  Not all pregnant workers require any form of
                                              ers are pushed out into unpaid leave or out             those established under Title VII of the Civil         accommodation at work, so only a fraction of
                                              of work altogether, threatening their fami-             Rights Act of 1964, including recovery of lost         that small fraction will need accommodations.
                                              lies’ economic security just when they need             pay, compensatory damages, and reasonable                  For example, pregnant women are most




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                                              the income the most. The Pregnant Workers               attorneys’ fees.                                       likely to work as elementary and middle school
                                              Fairness Act would require employers to pro-               While the Pregnancy Discrimination Act              teachers but only three percent (3.2 percent)
                                              vide reasonable accommodations to pregnant
                                                                                                      (PDA) and the Americans with Disabilities Act          of all elementary and middle school teachers
                                              workers who need them, such as avoiding
                                              heavy lifting, taking more frequent bath-               (ADA) provide some protections for pregnant            are pregnant women.
                                              room breaks, sitting on a stool instead of              workers, there is currently no federal law that            But workers employed in four of the ten
                                              standing during a shift, or carrying a water            explicitly and affirmatively guarantees all preg-      most common occupations for pregnant work-
                                              bottle. States, localities, and businesses that         nant workers the right to a reasonable accom-          ers—retail salesperson; waiter or waitress;



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                                              H2330                                             CONGRESSIONAL RECORD — HOUSE                                                            May 14, 2021
                                              nursing, psychiatric and home health aide; and            How can they claim this with a                       have to choose between having a healthy
                                              cashier—who report continuously standing on             straight face when they minimize the                   pregnancy and a paycheck.
                                                                                                                                                               Congress must do all it can to end the prej-
                                              the job would particularly benefit from this leg-       sanctity of life and the family?
                                                                                                                                                             udice pregnant workers, especially Black
                                              islation.                                                 Democrats say they are pro-choice.                   pregnant workers and workers of color, con-
                                                 Mr. Speaker, prolonged standing at work              So you would think they must at least                  tinue to face in the workplace. This includes
                                              has been shown to more than triple the odds             be okay with the choice of some reli-                  making sure when pregnant workers voice a
                                              of pregnant women taking leave during preg-             gious employers to object to helping                   need for reasonable accommodations that
                                              nancy or becoming unemployed.                           their employees get an abortion and                    those needs are met rather than penalized
                                                 Another four of the ten most common occu-            would provide an accommodation for                     and that the workplace is an environment
                                              pations for pregnant workers—waiter or wait-            religious reasons under this bill.                     where pregnant workers do not fear asking
                                                                                                                                                             for the accommodations they need to main-
                                              ress; nursing, psychiatric and home health                It would seem reasonable for some-
                                                                                                                                                             tain their health.
                                              aide; cashier; and secretaries and administra-          one who says they are pro-choice to                      Three-quarters of women will be pregnant
                                              tive assistants—involve making repetitive mo-           support the notion that if someone gets                and employed at some point in their lives.
                                              tions continuously on the job which have been           an abortion, they can’t force their em-                Most pregnant workers can expect a routine
                                              shown to increase the likelihood of pregnant            ployer to be part of this choice.                      pregnancy and healthy birth. However,
                                              women taking sick leave.                                  But Democrats refuse to allow lan-                   health care professionals have consistently
                                                 Pregnant workers in low-wage jobs are par-           guage to protect religious freedom in                  recommended that some pregnant individ-
                                                                                                      this bill. The fact is, Democrats are                  uals make adjustments in their work activi-
                                              ticularly in need of this legislation granting                                                                 ties to sustain a healthy pregnancy and pre-
                                              them the clear legal right to receive accom-            only pro-choice when the choice is                     vent adverse pregnancy outcomes, including
                                              modations because, in addition to the phys-             abortion, the taking of innocent                       preterm birth or miscarriage. These medi-
                                              ically demanding nature of their jobs, they             human life.                                            cally necessary workplace accommodations
                                              often face inflexible workplace cultures that             Protections already exist for preg-                  can include allowing additional bathroom
                                              make it difficult to informally address preg-           nant workers through the Pregnancy                     breaks, opportunities to stay hydrated, lift-
                                              nancy-related needs.                                    Discrimination Act and the Americans                   ing restrictions, or access to a chair or stool
                                                                                                      with Disabilities Act.                                 to decrease time spent standing.
                                                 For instance, workplace flexibility—such as                                                                   Unfortunately, too many pregnant work-
                                              the ability to alter start and end times or take          I oppose these additional heavy-hand-
                                                                                                                                                             ers, particularly pregnant people of color,
                                              time off for a doctor’s appointment—is ex-              ed regulations. I trust America’s small                face barriers to incorporating even these
                                              tremely limited for workers in low-wage jobs.           business owners to treat their employ-                 small changes to their workdays. For exam-
                                                 Over 40 percent of full-time workers in low-         ees fairly. I honor the constitutional                 ple, Black women experience maternal mor-
                                              wage jobs report that their employers do not            mandate that States should make their                  tality rates three to four times higher than
                                              permit them to decide when to take breaks;              own healthcare policy.                                 white women, with Indigenous women simi-
                                                                                                        Mr. SCOTT of Virginia. Mr. Speaker,                  larly experiencing disproportionately high
                                              between two-thirds and three-quarters of full-
                                                                                                      I yield 11⁄4 minutes to the gentlewoman                rates. The circumstances surrounding these
                                              time workers in low-wage jobs report that they                                                                 alarming statistics can often be attributed
                                              are unable to choose their start and quit times;        from     Florida     (Ms.    WASSERMAN
                                                                                                                                                             to a lack of access to care, including due to
                                              and roughly half report having very little or no        SCHULTZ).                                              inflexible workplaces, and deep biases in ra-
                                              control over the scheduling of hours more                 Ms. WASSERMAN SCHULTZ. Mr.                           cial understanding. Various social deter-
                                              generally.                                              Speaker, I rise in strong support of the               minants such as health, education, and eco-
                                                 The second most common occupation for                Pregnant Workers Fairness Act, a bi-                   nomic status drastically influence the out-
                                              pregnant Latinas—maids and housekeeping                 partisan proposal that will finally se-                comes of pregnancy for Black women leading
                                              cleaners—is especially physically demanding             cure clear protection for pregnant                     to severe pregnancy-related complications.
                                                                                                      workers.                                               As the Black Mamas Matter Alliance has
                                              because, according to the data, 80 percent of                                                                  pointed out ‘‘Health is determined in part by
                                              maids and housekeeping cleaners stood con-                Pregnant women should not have to
                                                                                                      risk their lives on the job. Yet, too                  our access to social and economic opportuni-
                                              tinuously, 38 percent were exposed to disease                                                                  ties, the resources and supports that are
                                              daily, and 70 percent walked or ran continu-            often, instead of offering accommoda-                  available in the places where we live, and the
                                              ously on the job.                                       tions routinely given to other employ-                 safety of our Workplaces . . . however, dis-
                                                 Occupations that have seen the most                  ees, a pregnant worker risks termi-                    parities in these conditions of daily life give
                                              growth among pregnant women in the past                 nation, meaning she loses her paycheck                 some people better opportunities to be
                                              decade expose many workers to disease or                and health insurance right when she                    healthy than others. Black pregnant workers
                                                                                                      needs them the most.                                   along with Latinx and immigrant women are
                                              infection daily; depending on the disease, this
                                                                                                        We know that COVID–19 has exacer-                    disproportionately likely to work in phys-
                                              can pose particular challenges to some preg-                                                                   ically demanding jobs that may lead to
                                              nant workers at some points during preg-                bated health inequalities for women,
                                                                                                                                                             workers needing modest accommodations to
                                              nancy.                                                  especially women of color.
                                                                                                                                                             ensure a healthy pregnancy. Too often, how-
                                                 When pregnant workers are exposed to                   Before the pandemic, moms in the                     ever, those requests are refused or ignored,
                                              some diseases, they face particular risks;              U.S. already struggled and died from                   forcing pregnant workers of color to dis-
                                              pregnant women with rubella are at risk for             pregnancy-related causes at the high-                  proportionately contend with unsafe work-
                                              miscarriage or stillbirth and their developing          est rate in the developed world, with                  ing conditions.
                                                                                                      Black moms dying three to four times                     Furthermore, Black mothers have among
                                              fetuses are at risk for severe birth defects.                                                                  the highest labor force participation rates in
                                                 Mr. Speaker, no one should have to choose            the rate of their White peers.
                                                                                                        Mr. Speaker, I include in the RECORD                 the country and 80 percent of Black mothers
                                              between a paycheck and a healthy pregnancy,                                                                    are their family’s primary breadwinner. Yet,
                                              which is why they should have clear rights to           a letter on behalf of maternal health
                                                                                                                                                             historically, Black women have been ex-
                                              reasonable accommodations on the job to en-             organizations who support putting a                    ploited in the workplace, and that exploi-
                                              sure they are not forced off the job at the mo-         national pregnancy accommodation                       tation continues to this day. Though Black
                                              ment they can least afford it.                          standard in place.                                     women only comprise 14.3 percent of the pop-
                                                                                                                                      MAY 11, 2021.          ulation, nearly thirty percent of pregnancy
                                                 I urge all Members to join me in voting for          Re Support the Pregnant Workers Fairness               discrimination complaints are filed by Black
                                              H.R. 1065, the Pregnant Workers Fairness                    Act.                                               women. This is because of the multiple forms
                                              Act.                                                      DEAR REPRESENTATIVE: The undersigned                 of discrimination Black workers and other
                                                 Ms. FOXX. Mr. Speaker, I yield 1                     organizations dedicated to assuring quality            workers of color too often face in the work-
                                              minute to the gentleman from Virginia                   maternal, infant, and child health and well-           place. As scholar Nina Banks has noted,
                                              (Mr. GOOD).                                             being, improving pregnancy and birth out-              ‘‘The legacy of black women’s employment
                                                 Mr. GOOD of Virginia. Mr. Speaker,                   comes, and closing racial disparities in ma-           in industries that lack worker protections
                                              it amazes me that House Democrats                       ternal health enthusiastically support the             has continued today since black women are




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                                              are claiming to champion the cause of                   Pregnant Workers Fairness Act (H.R. 1065).             concentrated in low-paying, inflexible serv-
                                              pregnant worker fairness when they                      Modeled after the Americans with Disabil-              ice occupations . . .’’ Black women in low
                                                                                                      ities Act, the bill would require employers to         wage jobs working during pregnancy face lit-
                                              are so radically anti-life.                             provide reasonable, temporary workplace ac-            tle support from employers when safeguards
                                                 How can Democrats claim to support                   commodations to pregnant workers as long               do not address pregnancy related accom-
                                              fairness or champion pregnancy when                     as the accommodation does not impose an                modations. Faced with the threat of termi-
                                              they support taxpayer-funded abortion                   undue hardship on the employer. This bill is           nation, loss of health insurance, or other
                                              for any reason at any time on demand?                   critically important because no one should             benefits, Black pregnant people are often




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                                              May 14, 2021                                      CONGRESSIONAL RECORD — HOUSE                                                                H2331
                                              forced to keep working which can com-                     National Association of Nurse Practi-                   Mr. Speaker, I reserve the balance of
                                              promise their health and the health of their            tioners in Women’s Health; National Birth              my time.
                                              pregnancy.                                              Equity Collaborative; National Partnership                Mr. SCOTT of Virginia. Mr. Speaker,
                                                Workplace accommodations help safeguard               for Women & Families; National Women’s
                                              a healthy pregnancy or prevent harm to a
                                                                                                                                                             I yield 4 minutes to the gentleman
                                                                                                      Health Network; National Women’s Law
                                              higher-risk pregnancy. Across the country,              Center; Nebraska WIC Association; Nurse-
                                                                                                                                                             from New York (Mr. KATKO), the lead
                                              pregnant workers continue to be denied sim-             Family Partnership; Physicians for Repro-              cosponsor of this legislation.
                                              ple, no-cost or lowcost, temporary adjust-              ductive Health; Planned Parenthood Federa-                Mr. KATKO. Mr. Speaker, I rise in
                                              ments in their work settings or activities              tion of America; Public Citizen; SisterReach;          strong support of the Pregnant Work-
                                              and instead risk being fired or forced to take          SisterSong National Women of Color Repro-              ers Fairness Act.
                                              unpaid leave to preserve the health of their            ductive     Justice      Collective;     U.S.             I was proud to join Chairman NADLER
                                              pregnancy.                                              Breastfeeding Committee; Workplace Fair-               and Representatives Herrera Beutler,
                                                This impossible choice forces many preg-              ness; Wisconsin WIC Association; ZERO TO
                                              nant workers to continue working without
                                                                                                                                                             McBath, and Scott in introducing this
                                                                                                      THREE.                                                 important bipartisan bill.
                                              accommodations, putting women and their
                                              pregnancies at risk of long-lasting and se-               Ms. WASSERMAN SCHULTZ. Mr.                              This legislation addresses a seem-
                                              vere health consequences. When pregnant                 Speaker, the Pregnant Workers Fair-                    ingly simple issue that I have no doubt
                                              workers must continue working without ac-               ness Act can improve some of the most                  everyone in this Chamber agrees with.
                                              commodations, they risk miscarriage, exces-             serious health consequences Black                      No mother or mother-to-be should have
                                              sive bleeding, and other devastating health             pregnant women experience in the                       to choose between being a parent and
                                              consequences. Black women have the highest              workplace.                                             keeping their job.
                                              incidence of preterm birth and yet we know                Federal protections for pregnant                        This commonsense notion is, unfor-
                                              that workplace accommodations such as re-               workers are stuck in the 1950s. In 2021,               tunately, not the reality in many
                                              ducing heavy lifting, bending, or excessive
                                              standing can help prevent preterm birth, the
                                                                                                      it is past time for workplaces to ac-                  places in the United States.
                                              leading cause of infant mortality in this               commodate our families and protect all                    Before my home State of New York
                                              country.                                                pregnant workers. It is women and                      passed a law prohibiting discrimination
                                                Black women also experience higher rates              families who keep our economy and                      against pregnant workers, I heard far
                                              of preeclampsia, which is one of the leading            communities running.                                   too many stories of pregnant women
                                              causes of maternal mortality. We are still                Mr. Speaker, I urge my colleagues to                 facing discrimination in the workforce
                                              learning about how to prevent this dan-                 vote ‘‘yes.’’                                          and having to choose between a
                                              gerous medical condition, yet we know that                Ms. FOXX. Mr. Speaker, I yield my-                   healthy pregnancy and a paycheck.
                                              simply allowing workers to take bathroom
                                                                                                      self such time as I may consume.                          There was Yvette, a single mother of
                                              breaks can prevent urinary tract infections
                                                                                                        Mr. Speaker, Democrats claim it is                   three, who worked in the same grocery
                                              which    are   ‘‘strongly   associated    with
                                              preeclampsia.’’ Similarly, ensuring pregnant            not necessary to incorporate the reli-                 store for 11 years. Having suffered mis-
                                              workers can drink a sufficient amount of                gious organization protection from the                 carriages in the past, she knew her
                                              water can also help pregnant workers main-              Civil Rights Act in H.R. 1065 because                  pregnancy was high risk, and she gave
                                              tain their blood pressure, which is critically          the bill does not repeal that provision                her employer a doctor’s note with a
                                              important since hypertensive disorders (high            and it will still be effective if the bill             lifting restriction.
                                              blood pressure) are also a leading cause of             becomes law. I strongly disagree.                         Instead, she was fired, despite the
                                              maternal morbidity and mortality. By put-                 H.R. 1065 will create legal jeopardy                 fact that an employee with a shoulder
                                              ting a national pregnancy accommodation                 for religious organizations, as I have
                                              standard in place, the Pregnant Workers
                                                                                                                                                             injury had been accommodated with
                                              Fairness Act has the potential to improve
                                                                                                      previously stated.                                     lighter work.
                                                                                                        But for the sake of argument, let’s
                                              some of the most serious health con-
                                                                                                      assume the provision is superfluous.                                     b 0945
                                              sequences Black pregnant people experience.
                                              Furthermore, the Pregnant Workers Fair-                 What would be the harm in including                       She lost her health insurance and
                                              ness Act will help remove one of the many               the Civil Rights Act provision in H.R.                 had to go on Medicaid. She and her
                                              barriers Black pregnant people face at work             1065?                                                  family survived on food stamps and
                                              by ensuring they are afforded immediate re-               At worst, the provision would be du-                 savings.
                                              lief under the law, and not thrown into fi-             plicative with the Civil Rights Act,                      Then there was Hilda, an employee at
                                              nancial dire straits for needing pregnancy              causing no harm to workers or employ-                  a Dollar Tree who worked there for 3
                                              accommodations.                                                                                                years when she became pregnant. As
                                                The Pregnant Workers Fairness Act is a                ers.
                                                                                                        Let’s remember that the Americans                    her pregnancy progressed, it became
                                              measured approach to a serious problem. As
                                              organizations dedicated to maternal health              with Disabilities Act of 1990, better                  painful to stand at the cash register for
                                              and closing racial disparities in pregnancy             known as the ADA, includes a religious                 8 hours to 10 hours at a time. Denied
                                              and birth outcomes, we understand the im-               organization protection similar to the                 her request for a stool, she began to ex-
                                              portance of reasonable workplace accom-                 one in the Civil Rights Act of 1964. The               perience severe complications, includ-
                                              modations to ensure that pregnant persons               ADA provision has caused no harm.                      ing bleeding and premature labor
                                              can continue to provide for their families                My conclusion is that the key spon-                  pains, and was put on bed rest. With no
                                              and have safe and healthy pregnancies. We               sors of H.R. 1065 are saying the quiet                 paid leave, she and her family strug-
                                              collectively urge swift passage of the Preg-
                                                                                                      part out loud in their opposition to the               gled to make ends meet.
                                              nant Workers Fairness Act.
                                                                                                      religious organization protection in the                  These women and others who have
                                                    Sincerely,
                                                Black Mamas Matter Alliance; March of                 Civil Rights Act of 1964.                              been subject to similar discrimination
                                              Dimes; National WIC Association; 1,000 Days;              I have reached this conclusion be-                   in the workforce suffered an unthink-
                                              A Better Balance; Academy of Nutrition and              cause Democrats have also claimed                      able physical and financial toll. The
                                              Dietetics; American Academy of Pediatrics;              that the Civil Rights Act provision is                 Pregnant Workers Fairness Act en-
                                              American Civil Liberties Union; American                overinclusive, to begin with, and would                sures that going forward, no woman
                                              College of Obstetricians and Gynecologists;             provide too much protection in this in-                will face this type of discrimination.
                                              Agricultural Justice Project; Ancient Song                                                                        This bipartisan bill provides preg-
                                              Doula Services; Association of Maternal &
                                                                                                      stance.
                                                                                                        Are Democrats saying that the exist-                 nant workers with an affirmative right
                                              Child Health Programs; Baobab Birth Collec-
                                              tive.                                                   ing Civil Rights Act protection for reli-              to reasonable—and I stress the word
                                                Black     Women’s     Health     Imperative;          gious organizations should also be re-                 ‘‘reasonable’’—accommodations in the
                                              Breastfeeding in Combat Boots; California               pealed?                                                workplace while creating a clear and
                                              WIC Association; Centering Equity, Race &                 Again, this is a provision that has                  navigable standard for employers to
                                              Cultural Literacy in Family Planning                    been law for 56 years.                                 follow. These accommodations are




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                                              (CERCL-FP); Earth Action, Inc.; Farm-                     As I have stated previously, the long-               minor, as simple as providing an em-
                                              worker and Landscaper Advocacy Project;                 standing Civil Rights Act religious or-                ployee with extra restroom breaks or a
                                              Farmworker Association of Florida; Femi-
                                                                                                      ganization protection should be added                  stool to sit on.
                                              nist Women’s Health Center; First Focus
                                              Campaign for Children; Healthy Mothers,                 to H.R. 1065. At worst, it would do no                    This bill is not a hiring statute and
                                              Healthy Babies Coalition of Georgia; Healthy            harm. At best, it will prevent religious               does not amend or eliminate existing
                                              Women; Human Rights Watch; Mom2Mom                      organizations from being required to                   religious freedom protections. The ar-
                                              Global; NARAL Pro-Choice America.                       violate their faith.                                   guments against this bill made by



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                                              H2332                                             CONGRESSIONAL RECORD — HOUSE                                                            May 14, 2021
                                              some Members of my own party are                        Workers Fairness Act. Passing the                      850 congregations across North America en-
                                              based on inaccuracies or wrongfully de-                 PWFA means that a small business or                    compass approximately 1.8 million Reform
                                              tract from the importance of this com-                  religious organization could be forced                 Jews, and the Central Conference of Amer-
                                                                                                                                                             ican Rabbis, whose membership includes
                                              monsense policy.                                        to provide paid time off for an em-
                                                                                                                                                             more than 2,000 Reform rabbis, to express our
                                                This bill is a product of extensive bi-               ployee to have an abortion or other                    support for the Pregnant Workers Fairness
                                              partisan negotiation and collaboration                  concerning procedures.                                 Act (H.R. 1065).
                                              with advocates and the business com-                      Instead of working to improve our                      Over 40 years since the passage of the Preg-
                                              munity. Reflecting the widespread sup-                  systems to support families and the                    nancy Discrimination Act in 1978, pregnant
                                              port for this legislation, the bill has re-             workplace, the Democrats are going                     workers still face unjust barriers in the
                                              ceived numerous endorsements from                       after our First Amendment freedom of                   workplace. No worker should have to choose
                                              the business community, including the                   religion. Religious freedom is a bed-                  between their pregnancy and their family’s
                                                                                                                                                             financial security, yet due to the lack of ex-
                                              U.S. Chamber of Commerce, as well as                    rock principle of this country, and we                 plicit protections for pregnant workers need-
                                              over 180 women’s health, labor, and                     must protect the ability of all Ameri-                 ing onsite accommodations for medical or
                                              civil rights organizations.                             cans to act in accordance with their                   safety reasons, countless workers confront
                                                Mr. Speaker, I include in the RECORD                  conscience. The Federal Government                     the agonizing choice between risking their
                                              a letter of support from a coalition of                 must never infringe on this sacred                     health and facing forced leave, lost benefits,
                                              business groups, including the U.S.                     right.                                                 or possible termination.
                                              Chamber of Commerce, SHRM, and the                        Religious organizations should be al-                  As the inequitable impact of the pandemic
                                              National Retail Federation.                                                                                    has highlighted, People of Color are more
                                                                                                      lowed to make religiously based em-
                                                                                                                                                             likely to hold demanding, inflexible jobs
                                                                              MAY 13, 2021.           ployment decisions, and States should                  where they face tradeoffs between their work
                                                TO THE MEMBERS OF THE U.S. HOUSE OF                   be the leaders in this, not the Federal                and their health. Illegal pregnancy discrimi-
                                              REPRESENTATIVES: We urge Congress to pass               Government.                                            nation and denial of workplace accommoda-
                                              H.R. 1065, the ‘‘Pregnant Workers Fairness                We have laws currently in place to                   tions, which disproportionately affect preg-
                                              Act.’’ This bill would provide pregnant em-
                                                                                                      protect discrimination in the work-                    nant People of Color, contribute to the Black
                                              ployees with important workplace protec-                                                                       maternal health crisis and other forms of ra-
                                              tions while also making sure employers have             place. The PWFA does not protect reli-
                                                                                                      gious employers with the same protec-                  cial inequity.
                                              clear and flexible options to ensure pregnant                                                                    The Pregnant Workers Fairness Act
                                              employees can remain at work for as long as             tions contained in the Civil Rights Act
                                                                                                                                                             (PWFA) would mitigate these disparities by
                                              they wish.                                              of 1964. For these reasons and more, I                 requiring employers to provide reasonable,
                                                The Pregnant Workers Fairness Act, as re-             oppose the Pregnant Workers Fairness                   temporary accommodations to pregnant
                                              ported by the House Education and Labor                 Act.                                                   workers so that they can remain in the
                                              Committee, is a balanced approach that                    Mr. SCOTT of Virginia. Mr. Speaker,                  workforce throughout their pregnancies. By
                                              clarifies an employer’s obligation to accom-                                                                   requiring temporary adjustments similar to
                                                                                                      I yield myself 15 seconds to briefly re-
                                              modate the known limitations of employees                                                                      the accommodations employers already
                                              and job applicants that accompany preg-                 spond to the fact that, first of all, this
                                                                                                      only applies to those employers with 15                must provide through the Americans with
                                              nancy. This legislation uses an interactive,                                                                   Disabilities Act (ADA), pregnant workers
                                              reasonable accommodation process similar                workers or more. Furthermore, the Re-
                                                                                                                                                             would no longer be forced to choose between
                                              to the Americans with Disabilities Act and              ligious Freedom Restoration Act and                    their pregnancies and their paychecks.
                                              specifies a pregnant employee may take                  First Amendment still apply. It is hard                  According to the ancient rabbis, workers
                                              leave only after the employer and employee              to imagine any religious objection to                  should not be put in the position where they
                                              have exhausted the possibility of other rea-            giving a pregnant worker water or an                   have ‘‘to starve or afflict themselves in order
                                              sonable accommodations.                                                                                        to feed their children’’ (Tosefta Bava Metzia
                                                This bipartisan bill is a strong reminder
                                                                                                      extra bathroom break, and there
                                                                                                      haven’t been any complaints to the                     8:2). We are similarly taught that the fair
                                              that through good faith negotiations, legis-                                                                   treatment of all workers is a matter of
                                              lative solutions to important workplace                 EEOC about the failure to do that.
                                                                                                                                                             tzedek, or justice. These moral imperatives
                                              questions and problems can be found. We be-               At this time I yield 1 minute to the                 guide our support for the bipartisan Preg-
                                              lieve that Congress should pass H.R. 1065               gentlewoman from Illinois (Ms. SCHA-                   nant Workers Fairness Act, and we strongly
                                              with no changes.                                        KOWSKY).                                               urge Congress to pass this bill to ameliorate
                                                    Sincerely,                                          Ms. SCHAKOWSKY. Mr. Speaker,                         the impact of discrimination against preg-
                                                  Associated Builders and Contractors,                pregnant women should never have to                    nant people in the workplace.
                                                    BASF Corporation, College and Univer-                                                                          Sincerely,
                                                                                                      choose between maintaining a healthy
                                                    sity   Professional    Association    for                                                                                 BARBARA WEINSTEIN,
                                                    Human Resources, Dow, HR Policy As-               pregnancy and their paycheck.
                                                                                                        This critical bill will ensure that                              Director of the Commission on
                                                    sociation, International Franchise As-                                                                                Social Action of Reform Judaism.
                                                    sociation, National Restaurant Asso-              pregnant women get accommodations
                                                    ciation, National Retail Federation,              when they need them without facing                       Ms. FOXX. I yield myself such time
                                                    pH-D Feminine Health, Retail Industry             discrimination and/or retaliation at                   as I may consume.
                                                    Leaders    Association,    Society    for         work. It will especially help low-paid                   Mr. Speaker, in their statements sup-
                                                    Human Resource Management, U.S.                   women—largely women of color and                       porting H.R. 1065, Democrat Members
                                                    Chamber of Commerce.                                                                                     have encouraged the House to follow
                                                                                                      immigrants—working in jobs that re-
                                                Mr. KATKO. Fundamental protec-                        quire prolonged standing, long hours,                  the examples of States that have en-
                                              tions for mothers and soon-to-be moth-                  irregular schedules, and heavy lifting                 acted pregnancy accommodation laws.
                                              ers in the workplace are long overdue.                  or physical activity.                                  However, the majority of these States
                                              I strongly urge my colleagues to sup-                     Many people can work just fine with-                 have laws that include important pro-
                                              port this commonsense, critical legis-                  out accommodations through their                       tections for religious organizations.
                                              lation.                                                 pregnancy. However, some in phys-                        At least 15 States and the District of
                                                Ms. FOXX. Mr. Speaker, I yield 2                      ically demanding jobs need a tem-                      Columbia have pregnancy discrimina-
                                              minutes to the gentlewoman from Illi-                   porary adjustment of their job duties                  tion, or pregnancy accommodation
                                              nois (Mrs. MILLER).                                     and perhaps some rules during preg-                    laws, that include a religious organiza-
                                                Mrs. MILLER of Illinois. Mr. Speak-                   nancy so that they can continue to                     tion protection similar to section 702 of
                                              er, I rise in opposition to H.R. 1065, the              work and support their families.                       the Civil Rights Act. The States in-
                                              Pregnant Workers Fairness Act.                            The Pregnant Workers Fairness Act                    clude Arkansas, Hawaii, Iowa, Maine,
                                                The policy choices we make here in                    is long overdue, and we think that it is               Nebraska, New Jersey, New York, Ohio,
                                              Congress about labor should be made to                  common sense.                                          Oklahoma, South Carolina, Tennessee,
                                              support the family and our freedoms.                                                                           Texas, Utah, Wisconsin, and Wyoming.




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                                                                                                        Mr. Speaker, I include in the RECORD
                                              This is because work, family, and free-                 a letter from the Religious Action Cen-                  Kentucky’s pregnancy accommoda-
                                              dom support and need each other. If                     ter of Reform Judaism.                                 tion law, which was highlighted by a
                                              one of these aspects is weakened, the                                                                          Democrat-invited witness at a hearing
                                                                                                                 RELIGIOUS ACTION CENTER
                                              whole chain is weakened as well.                                           OF REFORM JUDAISM,
                                                                                                                                                             on the Pregnant Workers Fairness Act
                                                The Federal Government is, once                                     Washington, DC, May 11, 2021.            as a successful workable solution, in-
                                              again, overreaching into our freedoms                     DEAR MEMBER OF CONGRESS: I write on be-              cludes a limited religious organization
                                              as Americans with this Pregnant                         half of the Union for Reform Judaism, whose            protection very similar to section 702



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                                              May 14, 2021                                      CONGRESSIONAL RECORD — HOUSE                                                                H2333
                                              of the Civil Rights Act. Unfortunately,                 uniforms to work in. Many of these hard-               pregnant. Pregnant workers are often
                                              the bill before us today omits this                     ships can lead to an increased risk of pre-            passed over for promotions, forced out
                                              needed provision.                                       term delivery and low birth rate. In addition,         on leave, whether paid or unpaid, and
                                                If we are to follow the example of                    for far too many working women, being preg-
                                                                                                                                                             sometimes even fired. As we have seen
                                                                                                      nant can still mean losing a job, being denied
                                              these States and recommendations                        a promotion, or not being hired in the first           time and again, these policies dis-
                                              from congressional testimony, then a                    place. And, while women are the majority of            proportionately impact women of color
                                              provision protecting religious organi-                  the U.S. workforce, these realities perpet-            and low-wage hourly workers.
                                              zations should be added to H.R. 1065.                   uate challenges that no employee should                  We all agree that pregnancy is not a
                                                Mr. Speaker, I reserve the balance of                 have to face.                                          disability, but sometimes pregnant
                                              my time.                                                  H.R. 1065 is also important because many             workers need an easy fix, such as a
                                                Mr. SCOTT of Virginia. Mr. Speaker,                   pregnant women are front-line workers who              stool or an extra bathroom break, to
                                              I yield 1 minute to the gentlewoman                     hold physically demanding or hazardous                 stay on the job. These accommodations
                                              from Michigan (Ms. STEVENS), a mem-                     jobs. Now more than ever, pregnant women
                                                                                                      working on the front lines and deemed essen-
                                                                                                                                                             are short in duration, and typically
                                              ber of the Committee on Education and                                                                          cost very little to provide, but they can
                                                                                                      tial by their employers face the risk of get-
                                              Labor.                                                  ting sick because of the coronavirus pan-              mean the difference between keeping
                                                Ms. STEVENS. Mr. Speaker, just a                      demic. Many of them also lack access to paid           your job or putting your pregnancy at
                                              few weeks ago, the Census reported                      sick leave forcing them to choose between a            risk.
                                              that the U.S. population grew at its                    paycheck and their health. At no time                    Given the low cost of these accom-
                                              slowest rate since the Great Depres-                    should anyone ever be forced to choose be-             modations, we must ask why so many
                                              sion. Birth rates are falling for the                   tween financial security and a healthy preg-           employers are unwilling to provide
                                              sixth year in a row.                                    nancy especially during the coronavirus pan-
                                                                                                                                                             them and keep their pregnant workers
                                                A recent Harvard Business Review                      demic with countless women working on the
                                                                                                      front lines. While many states have adopted            employed. The answer, unfortunately,
                                              study declared that the United States                                                                          is that for many employers, a pregnant
                                                                                                      laws requiring reasonable accommodations,
                                              has the most family-hostile policies of                 current federal law does not plainly state             employee embodies negative gender
                                              any industrialized country in the                       that workers have a right to ask for them to           stereotypes regarding motherhood and
                                              world. This is a wake-up moment for                     reduce pregnancy complications without                 pregnancy. Society still expects women
                                              us, and this is why H.R. 1065, the Preg-                jeopardizing their employment. Pregnant                to conform to stereotypical notions
                                              nant Workers Fairness Act, couldn’t be                  women’s lives and livelihood are on the line           that to be a good parent, you must
                                              more important, particularly for the                    when they cannot work safely. This bill is
                                                                                                                                                             choose between pregnancy and work.
                                              unheard, the suffering expectant moth-                  essential to promote gender equity, healthy
                                                                                                                                                               This harmful stereotype puts work-
                                                                                                      pregnancies, children and family wellness,
                                              er who has to time when she can go to                                                                          ing women in an impossible position of
                                                                                                      and the economic security of pregnant and
                                              the bathroom.                                           parenting women over the course of their               having to choose between their fam-
                                                I hear from teachers all across Michi-                terms.                                                 ily’s health and their financial well-
                                              gan who explain this to me: the woman                     AFSCME strongly supports H.R. 1065 and               being. While pregnancy may create
                                              who is bleeding and bloating and won-                   urges you to vote for its passage.                     some known physical limitations, this
                                              dering when she can check in with her                         Sincerely,                                       choice between work and pregnancy is
                                              doctor, and then being egregiously                                           BAILEY K. CHILDERS,               a fallacy and can be remedied with a
                                              pushed out of the workplace.                                   Director of Federal Government Affairs.
                                                                                                                                                             reasonable accommodation. Despite re-
                                                We are talking about stools, we are                     Ms. FOXX. Mr. Speaker, I yield my-                   peated attempts by Congress over the
                                              talking about a place for a pregnant                    self such time as I may consume.                       years to address this persistent gender
                                              woman to sit in the workplace. That is                    Mr. Speaker, I appreciate that the                   discrimination, many employers still
                                              why it is so joyous, Mr. Speaker, that                  U.S. Chamber of Commerce worked                        view pregnancy and work as incompat-
                                              this bill today is bipartisan.                          with the Education and Labor Com-                      ible.
                                                Mr. Speaker, I include in the RECORD                  mittee to make improvements to the                       Current law continues to allow em-
                                              a letter in support of this legislation                 Pregnant Workers Fairness Act. How-                    ployers to simply force most pregnant
                                              on behalf of the 1.4 million AFSCME                     ever, the Chamber does have few, if                    workers out on leave rather than even
                                              workers.                                                any, religious organizations as mem-                   considering providing an accommoda-
                                                                            AFSCME,                   bers. Therefore, it is understandable                  tion. The Americans with Disabilities
                                                             Washington, DC, May 11, 2021.            they would not take the position on                    Act does require employers to accom-
                                              HOUSE OF REPRESENTATIVES,                               protections for these organizations.                   modate a pregnant worker if her work
                                              Washington, DC.                                           As Members of Congress, we should
                                                DEAR REPRESENTATIVE: On behalf of the 1.4                                                                    limitations rise to the disability im-
                                              million members of the American Federation              ensure that the legislation we consider                pacting one or more major life func-
                                              of State, County and Municipal Employees                is fair to all and does not infringe on                tions. Women who have limitations
                                              (AFSCME), I urge you to support the Preg-               fundamental rights.                                    that do not rise to this level are not
                                              nant Workers Fairness Act (PWFA) (H.R.                    The religious organization protection                protected under the ADA, which was
                                              1065). This legislation would ensure that               that I am advocating, which comes                      not designed to address pregnancy-re-
                                              pregnant workers get adequate accommoda-                from the Civil Rights Act, will ensure                 lated gender discrimination.
                                              tions when they need them without facing                religious organizations are not com-                     Furthermore, the courts have ham-
                                              retaliation in the workplace. It also prevents
                                                                                                      pelled to make decisions that violate                  strung other attempts by Congress to
                                              employers from refusing to make reasonable
                                              accommodations for pregnant workers unless              their faith.                                           address pregnancy-related gender dis-
                                              it poses an undue hardship on an employer.                H.R. 1065 should include the religious               crimination. Courts have interpreted
                                                More than four decades after Congress                 organization protection from the Civil                 the Pregnancy Discrimination Act to
                                              passed the Pregnancy Discrimination Act                 Rights Act, which would not detract                    only require employers to provide an
                                              (PDA) of 1978, women still face inequality in           from any of the provisions included in                 accommodation if they also accommo-
                                              the workplace when they become pregnant.                the bill.                                              date nonpregnant employees similar in
                                              While the PDA prohibits discrimination                    Mr. Speaker, I reserve the balance of                their ability or inability to work and
                                              against employees based on pregnancy,
                                              childbirth or related medical conditions,
                                                                                                      my time.                                               employed in similar working condi-
                                              pregnancy discrimination is still prevalent.              Mr. SCOTT of Virginia. Mr. Speaker,                  tions.
                                              In 2015, the Supreme Court ruled in Young v.            I yield 5 minutes to the gentleman                       In order to prove discrimination,
                                              UPS to allow pregnant workers to bring dis-             from New York (Mr. NADLER), the chair                  pregnant women must have perfect and
                                              crimination claims under the Pregnancy Dis-             of the House Judiciary Committee and                   complete employment and medical his-




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                                              crimination Act (PDA) of 1978. The Young                sponsor of the legislation.                            tories for every other employee in their
                                              decision also set an unreasonably high stand-             Mr. NADLER. Mr. Speaker, I thank                     workplace. It is obviously nearly im-
                                              ard for proving discrimination.                         Mr. KATKO for cosponsoring this bill.                  possible for employees to have that in-
                                                Research shows that 88 percent of first-
                                              time mothers worked during their last tri-                For as long as women have been in                    formation, as evidenced by the fact
                                              mester. Employees who are pregnant are                  the workforce, they have faced dis-                    that in over two-thirds of cases, courts
                                              routinely denied water bottles, bathroom                crimination because of their sex, which                have sided with employers who denied
                                              breaks, stools to sit on, and larger fitting            is only amplified when a woman is                      a pregnant worker accommodation.



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                                              H2334                                             CONGRESSIONAL RECORD — HOUSE                                                             May 14, 2021
                                                Current law lets women fall through                   & Labor Committee in March 2021 and Octo-              lost pay for missing those shifts as a result.
                                              the cracks in every sector of our econ-                 ber 2019, as well as in A Better Balance’s             She also worried about being called to the
                                              omy, including the public sector. Take,                 May 2019 report, Long Overdue. We urge you             COVID unit shift constantly. Without the
                                                                                                      to support healthy pregnancies, protect preg-          law on their side, these women had little
                                              for example, the story of Devyn Wil-                    nant workers’ livelihoods, and end the sys-            legal recourse because they lived in a state
                                              liams, a correctional officer trainee                   temic devaluation of women of color and                without a state-level pregnant workers fair-
                                              with the Alabama Department of Cor-                     vote YES on the Pregnant Workers Fairness              ness law.
                                              rections. From the moment Ms. Wil-                      Act.                                                     Although the pandemic has shined a spot-
                                              liams told her employer she was preg-                     A Better Balance is a national non-profit            light on these issues, the stories we heard in
                                              nant, they started a campaign to fire                   legal organization that advances justice for           2020 are in many ways similar to those we’ve
                                                                                                      workers so they can care for themselves and            been hearing for over a decade. ln 2012,
                                              her.
                                                                                                      their loved ones without sacrificing their             Armanda Legros was forced out of her job at
                                                                b 1000                                economic security. Since our founding, we              an armored truck company because her em-
                                                                                                      have seen day in and day out the injustices            ployer would not accommodate her lifting
                                                When she presented a note from her                    that pregnant workers continue to face be-
                                              doctor requesting to be excused from a                                                                         restriction. Without an income, she strug-
                                                                                                      cause they need modest, temporary preg-                gled to feed her newborn and young child. As
                                              monthly physical training session dur-                  nancy accommodations and have led the                  she told the Senate Health, Education,
                                              ing her pregnancy, the State fired her.                 movement at the federal, state, and local              Labor, and Pensions committee in a hearing
                                              Her employer actually wrote an email                    level to ensure pregnant workers can receive
                                                                                                                                                             in 2014, ‘‘Once my baby arrived just putting
                                              stating that her doctor’s note gave                     the accommodations they need to remain
                                                                                                                                                             food on the table for him and my four-year-
                                              them grounds to dismiss Ms. Williams.                   healthy and working. As I wrote in my 2012
                                                                                                                                                             old was a challenge. I was forced to use
                                                                                                      Op-Ed in The New York Times ‘‘Pregnant
                                                Even with that email in her posses-                   and Pushed Out of Job,’’ which sparked the
                                                                                                                                                             water in his cereal at times because I could
                                              sion, Ms. Williams is still litigating her                                                                     not afford milk.’’ The need for the Pregnant
                                                                                                      PWFA’s introduction in Congress, ‘‘[Gaps in
                                              case 5 years later. No one should have                                                                         Workers Fairness Act preceded our current
                                                                                                      our civil rights laws leave this enormous
                                              to go to Federal court to get a simple                                                                         public health crisis and will remain in place
                                                                                                      class without the right to the modest accom-
                                                                                                                                                             beyond the pandemic, until the law is passed.
                                              accommodation to safely stay on the                     modations that would protect them.’’ As a
                                              job while pregnant.                                     result, ‘‘for many women, a choice between             CURRENT FEDERAL LAW IS FAILING PREGNANT
                                                                                                      working under unhealthy conditions and not               WORKERS: THE PREGNANT WORKERS FAIRNESS
                                                The bipartisan Pregnant Workers
                                                                                                      working is no choice at all.’’                           ACT IS THE SOLUTION
                                              Fairness Act before us today will close                   We founded A Better Balance 15 years ago
                                              this gap in the law and create an af-                                                                             Gaps in federal law, namely the Pregnancy
                                                                                                      because we recognized that a lack of fair and          Discrimination Act (PDA) and Americans
                                              firmative right to accommodation for                    supportive work-family laws and policies—              with Disabilities Act (ADA), mean many
                                              all pregnant workers. Using the famil-                  the ‘‘care crisis’’—was disproportionately             pregnant workers in need of accommodation
                                              iar language of the ADA as a frame-                     harming women, especially Black and Latina             are without legal protection in states that
                                              work, the bill requires employers to                    mothers, in low-wage jobs. As I recently               do not have statewide PWFA protections. As
                                              provide reasonable accommodations to                    shared before Congress, ‘‘This bias and in-            we explained in our report Long Overdue,
                                              pregnant workers as long as the accom-                  flexibility often kicks in when women be-              ‘‘[w]hile the PDA bans pregnancy discrimi-
                                                                                                      come pregnant and then snowballs into last-            nation, it requires employers to make ac-
                                              modation does not impose an undue                       ing economic disadvantage. We call this the
                                              hardship on the employer.                                                                                      commodations only if they accommodate
                                                                                                      ‘pregnancy penalty’—and since day one, A               other workers, or if an employee unearths
                                                Courts know exactly how to interpret                  Better Balance has recognized it as a key              evidence of discrimination. The Americans
                                              that language.                                          barrier to gender equality in America.’’               with Disabilities Act requires employers to
                                                The SPEAKER pro tempore. The                            Through our free, national legal helpline,
                                                                                                                                                             provide reasonable accommodations to work-
                                              time of the gentleman has expired.                      we have spoken with thousands of pregnant
                                                                                                                                                             ers with disabilities, which can include some
                                                Mr. SCOTT of Virginia. Mr. Speaker,                   workers, disproportionately women of color,
                                                                                                                                                             pregnancy-related      disabilities.  However,
                                                                                                      who have been fired or forced on to unpaid
                                              I yield the gentleman an additional 30                  leave for needing accommodations, often
                                                                                                                                                             pregnancy itself is not a disability, leaving a
                                              seconds.                                                                                                       gap wherein many employers are in no way
                                                                                                      stripping them of their health insurance
                                                Mr. NADLER. Employers know ex-                                                                               obligated to accommodate pregnant workers
                                                                                                      when they need it most, driving them into
                                              actly what their responsibilities will                                                                         in need of immediate relief to stay healthy
                                                                                                      poverty, and at times, even homelessness.
                                                                                                                                                             and on the job.’’
                                              be. But most importantly, women will                    Other women we have assisted were denied
                                                                                                      accommodations but needed to keep working                 Original analysis we conducted for Long
                                              have the certainty they can safely stay
                                                                                                      to support themselves and their families and           Overdue found that even though the 2015 Su-
                                              on the job.                                                                                                    preme Court Young v. UPS case set a new
                                                That is why 30 States have passed                     faced devastating health consequences, in-
                                                                                                      cluding miscarriage, preterm birth, birth              legal standard for evaluating pregnancy ac-
                                              pregnancy accommodation laws simi-                      complications, and other maternal health ef-           commodation cases under the Pregnancy
                                              lar to the PWFA and over 200 business,                  fects.                                                 Discrimination Act, in two-thirds of cases
                                              civil rights, health, and labor organiza-                 In the past year alone, we have heard from           decided since Young, employers were per-
                                              tions support the bill.                                 women across the country who continue to               mitted to deny pregnant workers accom-
                                                Mr. Speaker, I include in the RECORD                  face termination or are forced out for need-           modations under the Pregnancy Discrimina-
                                                                                                      ing pregnancy accommodations, in situa-                tion Act. As I shared in my recent testi-
                                              letters of support from two of those or-
                                                                                                      tions often exacerbated by the pandemic and            mony, women are continuing to lose their
                                              ganizations, A Better Balance and the                                                                          cases because of this uniquely burdensome
                                                                                                      economic crisis. Tesia, a retail store em-
                                              National Women’s Law Center.                                                                                   standard.
                                                                                                      ployee from Missouri called us in 2020 after
                                                                              MAY 11, 2021.           she was forced to quit her job because her                That statistic, as devastating as it is, does
                                              Re The Pregnant Workers Fairness Act (H.R.              employer refused to let her carry a water              not account for the vast majority of preg-
                                                  1065).                                              bottle on the retail floor even though she             nant workers who do not have the resources
                                                DEAR REPRESENTATIVE: On behalf of A Bet-              was experiencing severe dehydration due to             to vindicate their rights in court. Beyond
                                              ter Balance, I write to express our strong              hot temperatures in the store this summer.             being resource strapped, most pregnant
                                              support for the Pregnant Workers Fairness               A massage therapist from Pennsylvania                  workers we hear from do not have the desire
                                              Act (‘‘PWFA’’; H.R. 1065). This legislation             called us in June 2020 requesting to return to         to engage in time-consuming and stressful
                                              will ensure pregnant workers, particularly              work on a part-time basis on the advice of             litigation. They want to be able to receive an
                                              low-income workers and women of color, are              her OB-GYN after experiencing cramping in              accommodation so they can continue work-
                                              not forced to choose between their paycheck             her uterus. Her employer responded that                ing at the jobs they care about while main-
                                              and a healthy pregnancy. The bill will re-              they would not accommodate her and cut off             taining a healthy pregnancy.
                                              quire employers to provide reasonable ac-               all communication with her after that, forc-              The Americans with Disabilities Act is
                                              commodations for pregnant workers unless                ing her out of work just three months before           also inadequate for pregnant workers for two
                                              doing so would impose an undue hardship on              she was due to give birth. A nurse we spoke            reasons. First, because pregnancy is not
                                              the employer, similar to the accommodation              with from Pennsylvania who was six months              itself a disability under current disability




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                                              standard already in place for workers with              pregnant requested to avoid assignment to              law, a pregnant worker who has no complica-
                                              disabilities.                                           the COVID–19 unit. Though her hospital was             tions but seeks an accommodation in order
                                                Forty-two years after the passage of the              not overwhelmed by the pandemic at that                to avoid a complication, will not be able to
                                              Pregnancy Discrimination Act, pregnant                  time, had many empty beds, and other work-             get an accommodation under the Americans
                                              workers still face rampant discrimination on            ers were being sent home, her employer re-             with Disabilities Act. Second, even though
                                              the job and treatment as second-class citi-             fused her request and made heartless com-              Congress expanded the Americans with Dis-
                                              zens, as I explained in detail in my Congres-           ments mocking her need for accommodation.              abilities Act in 2008, courts have interpreted
                                              sional testimony before the House Education             She decided not to jeopardize her health and           the ADA Amendments Act in a way that did




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                                              May 14, 2021                                      CONGRESSIONAL RECORD — HOUSE                                                                    H2335
                                              little to expand coverage even for those preg-          not alone. Three more of her coworkers, also            accommodation can be provided. The bill
                                              nant workers with serious health complica-              Black, miscarried after supervisors dis-                also includes clear anti-retaliation language
                                              tions. As one court concluded in 2018, ‘‘Al-            missed their requests for reprieve from                 such that employers cannot punish pregnant
                                              though the 2008 amendments broadened the                heavy lifting. As Cherisse Scott, CEO of                workers for requesting or using an accommo-
                                              ADA ’s definition of disability, these changes          Memphis-based SisterReach, explained ‘‘It               dation. This is critical as many pregnant
                                              only have had a modest impact when applied              doesn’t surprise me that this is the culture            workers often do not ask for accommoda-
                                              to pregnancy-related conditions.’’                      of that workplace. I think it’s important to            tions because they are afraid they will face
                                              THE PREGNANT WORKERS FAIRNESS ACT IS A                  look at the fact that since we arrived here in          repercussions for requesting or needing an
                                                CRITICAL ECONOMIC SECURITY, MATERNAL                  chains, we [Black women] were regarded as               accommodation.
                                                                                                      producers to fuel a labor force that couldn’t             Critically, the Pregnant Workers Fairness
                                                HEALTH, AND RACIAL JUSTICE MEASURE
                                                                                                      care less for us . . .’’ The Pregnant Workers           Act is also very clear that a pregnant worker
                                                 Pregnant workers who are fired or forced                                                                     need not have a disability as defined by the
                                                                                                      Fairness Act will ensure pregnant workers
                                              on to unpaid leave for needing accommoda-                                                                       Americans with Disabilities Act in order to
                                                                                                      and their health are valued and that Black
                                              tions face significant economic hardship. In                                                                    merit accommodations under the law. Rath-
                                                                                                      mothers, especially, are not treated as ex-
                                              addition to losing their livelihood, many of                                                                    er, the bill indicates that pregnant workers
                                                                                                      pendable on the job.
                                              these workers lose their health benefits at a                                                                   with ‘‘known limitations related to preg-
                                                                                                      THE PREGNANT WORKERS FAIRNESS ACT IS A BI-
                                              time when they need them most, forcing                                                                          nancy, childbirth, and related medical condi-
                                                                                                           PARTISAN BILL THAT HAS THE SUPPORT OF
                                              them to switch providers, delay medical                                                                         tions’’ are entitled to reasonable accom-
                                                                                                           THIS COUNTRY’S LARGEST BUSINESS GROUPS
                                              care, or face staggering health care costs as-                                                                  modations. ‘‘Known limitations’’ is defined
                                              sociated with pregnancy and childbirth.                   The Pregnant Workers Fairness Act is not              as a ‘‘physical or mental condition related
                                              Many workers must use up saved paid or un-              a partisan bill. Not only does it have strong           to, affected by, or arising out of pregnancy,
                                              paid leave they had hoped to reserve to re-             bipartisan support in Congress, but thirty              childbirth, or related medical conditions
                                              cover from childbirth. We worked with one               states and five cities including Tennessee,             that the employee or employee’s representa-
                                              woman who was eight months pregnant and                 Kentucky, South Carolina, West Virginia, Il-            tive has communicated to the employer
                                              whose hours were cut after she needed an ac-            linois, Nebraska, and Utah already have laws            whether or not such condition meets the def-
                                              commodation which meant she also lost her               requiring employers to provide accommoda-               inition of disability’’ as set forth in the
                                              health insurance. As a result, she asked her            tions for pregnant employees. All of the laws           Americans with Disabilities Act. This ad-
                                              doctor if they could induce her labor early,            passed in recent years are highly similar to            dresses the two challenges with the ADA
                                              despite the health risks in doing so, so that           the federal legislation, and all passed with            outlined above.
                                              she would not be left facing exorbitant med-            bipartisan, and often unanimous, support.’’               Now, more than ever, the Pregnant Work-
                                              ical bills. In the long term, being pushed out          Many, including Tennessee’s and Ken-                    ers Fairness Act is an urgent maternal
                                              for needing pregnancy accommodations also               tucky’s, were championed by Republican leg-             health, racial justice, and economic security
                                              exacerbates the gender wage gap, as it means            islators.                                               measure to keep pregnant workers healthy
                                              not only a loss of pay, but also losing out on            Pregnant workers are a vital part of our              and earning a paycheck. We cannot delay
                                              many types of benefits such as 401K and re-             economy. Three-quarters of women will be                justice and fairness for pregnant workers
                                              tirement contributions, social security con-            both pregnant and employed at some point                any longer. For the sake of this country’s
                                              tributions, pensions, as well as opportunities          during their lives’’ Ensuring pregnant work-            pregnant workers and our nation’s families,
                                              for promotion and growth.                               ers can remain healthy and attached to the              we implore Congress to put aside its many
                                                 To be clear, most pregnant workers may               workforce is an issue of critical importance,           differences and pass this legislation with a
                                              not need accommodations. However, for                   especially as this country faces a dev-                 strong bipartisan vote. We ask every Member
                                              those who do, reasonable accommodations                 astating economic crisis. That is why lead-             of Congress to vote YES on the Pregnant
                                              can avert significant health risks. For in-             ing business groups like the U.S. Chamber of            Workers Fairness Act. It is long overdue.
                                              stance, in a Health Impact Assessment of                Commerce, Society for Human Resources                         Sincerely,
                                              state level pregnant workers fairness legisla-          Management, many major corporations, and                                         DINA BAKST,
                                              tion, the Louisville, Kentucky Department               local chambers around the country includ-                             Co-Founder & Co-President,
                                              of Public Health and Wellness concluded,                ing, Greater Louisville Inc., one of Ken-                                           A Better Balance.
                                              ‘‘Accommodating pregnant workers, upon                  tucky’s leading chambers of commerce, sup-                                  --
                                              their request, is critical for reducing poor            port this measure. The PWFA will provide                                               MAY 11, 2021.
                                              health outcomes . . . Improving birth out-              much needed clarity in the law which will                 DEAR MEMBER OF CONGRESS: On behalf of
                                              comes makes a sustainable impact for a life-            lead to informal and upfront resolutions be-            the National Women’s Law Center, we urge
                                              time of better health.’’ The report noted that          tween employers and employees and help                  you to pass the Pregnant Workers Fairness
                                              those poor health outcomes can include mis-             prevent problems before they start. Further-            Act (H.R. 1065). The National Women’s Law
                                                                                                      more, accommodations are short term and                 Center (‘‘the Center’’) has worked for nearly
                                              carriage, preterm birth, low birth weight,
                                                                                                      low cost. The Pregnant Workers Fairness                 50 years to advance and protect women’s
                                              preeclampsia (a serious condition and lead-
                                                                                                      Act will help employers retain valuable em-             equality and opportunity—and since its
                                              ing cause of maternal mortality), among
                                                                                                      ployees and reduce high turnover and train-             founding has fought for the rights of preg-
                                              other issues. According to the March of
                                                                                                      ing costs. The reasonable accommodation                 nant women in the workplace. For the last
                                              Dimes, in the U.S., nearly 1 in 10 babies are
                                                                                                      framework is also borrowed from the Amer-               nine years, the Center has been a leader in
                                              born pre-term and the preterm birth rate
                                                                                                      ican with Disabilities Act framework so em-             advocating for the Pregnant Workers Fair-
                                              among Black women is nearly fifty percent
                                                                                                      ployers are already familiar with the stand-            ness Act, and for pregnancy accommodation
                                              higher than it is for all other women.
                                                                                                      ard. Furthermore, keeping pregnant workers              protections in states across the country. We
                                              Preterm birth/low birthweight is a leading
                                                                                                      employed saves taxpayers money in the form              are eager to build on the momentum from
                                              cause of infant mortality in America. The                                                                       September 2020, when the bill passed with
                                              Pregnant Workers Fairness Act is a key                  of unemployment insurance and other public
                                                                                                      benefits.                                               overwhelming bipartisan support in the
                                              measure to reduce poor maternal and infant                                                                      House, 329–73.
                                              health outcomes.                                        THE PREGNANT WORKERS FAIRNESS ACT USES A
                                                                                                                                                                The Pregnant Workers Fairness Act would
                                                 Pregnancy accommodations are also a key                FAMILIAR FRAMEWORK THAT PROVIDES KEY
                                                                                                                                                              clarify the law for employers and employees
                                              solution, among many, needed to address the               PROTECTIONS TO PREGNANT WORKERS AND
                                                                                                                                                              alike, requiring employers to make reason-
                                              Black maternal and infant health crisis. Sys-             CLARITY TO EMPLOYERS
                                                                                                                                                              able accommodations for limitations arising
                                              temic racism has led to the shameful reality               The Pregnant Workers Fairness Act has                out of pregnancy, childbirth, and related
                                              that Black women in this country are three              several key provisions that will address the            medical conditions, just as they already do
                                              to four times likelier to die from pregnancy-           inequality pregnant workers continue to face            for disabilities. Providing accommodations
                                              related causes than white women, and Black              at work. Employers, including private em-               ensures that women can work safely while
                                              babies are more than two times as likely to             ployers with fifteen or more employees, will            pregnant instead of being pushed out of work
                                              die in the first year of life than white babies.        be required to provide reasonable accom-                at a time when their families need their in-
                                              At the same time, we know Black women                   modations to qualified employees absent                 come the most.
                                              also face devastating health consequences               undue hardship on the employer. Both the                  Even before the COVID–19 pandemic, preg-
                                              when they are unable to obtain needed preg-             term ‘‘reasonable accommodation’’ and                   nant workers were all too often denied medi-
                                              nancy accommodations to maintain their                  ‘‘undue hardship’’ have the same definition             cally needed accommodations—including
                                              health and the health of their pregnancies.             as outlined in the American with Disabilities           simple accommodations like a stool to sit on
                                              When Tasha Mureil, a Black woman who                    Act. Similar to the Americans with Disabil-             during a long shift or a bottle of water at a




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                                              worked at a warehouse in Tennessee, re-                 ities Act, employers and employees will en-             workstation. COVID–19 has only increased
                                              ceived a doctor’s note saying she needed a              gage in an interactive process in order to de-          the need for clarity regarding employers’ ob-
                                              lifting restriction and complained of extreme           termine an appropriate accommodation. In                ligations to provide accommodations for
                                              stomach pain, she was forced to continue                order to prevent employers from pushing                 pregnant workers. COVID–19 poses grave
                                              lifting on the job. One day, she told a super-          pregnant employees out on leave when they               risks for pregnant workers, who are urgently
                                              visor she was in pain and asked to leave                need an accommodation, the bill specifies               seeking, and far too often being denied, ac-
                                              early. Her manager said no. Tragically, she             that an employer cannot require a pregnant              commodations like proper personal protec-
                                              had a miscarriage the next day. Tasha was               employee to take leave if another reasonable            tive equipment, telework, moving to a less




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                                              H2336                                             CONGRESSIONAL RECORD — HOUSE                                                            May 14, 2021
                                              crowded work area or changing start times                We strongly urge you to support pregnant                I would like to address the claim that
                                              so as not to risk riding public transit during          workers by voting for the Pregnant Workers             the Civil Rights Act’s protection for re-
                                              peak hours. The Pregnant Workers Fairness               Fairness Act.                                          ligious organizations is not needed in
                                              Act uses an already-familiar framework                       Sincerely,
                                                                                                                         EMILY J. MARTIN,
                                                                                                                                                             H.R. 1065 because these employers
                                              modeled on the Americans with Disabilities
                                              Act (ADA) to ensure that when such a re-                   Vice President for Education & Workplace,           could raise the Religious Freedom Res-
                                              quest is made, employers and employees can                     Justice National Women’s Law Center.            toration Act, RFRA, as a defense to a
                                              engage in an interactive process to deter-                 Mr. NADLER. Mr. Speaker, that is                    lawsuit.
                                              mine whether the employee’s pregnancy re-                                                                        However, RFRA does not provide the
                                                                                                      why, last Congress, the House passed
                                              lated limitations can be reasonably accom-                                                                     same protections for religious organi-
                                                                                                      identical legislation with an over-
                                              modated without an undue hardship to the                                                                       zations as the Civil Rights Act. In fact,
                                                                                                      whelming bipartisan vote. But as the
                                              employer. This will help ensure that employ-                                                                   RFRA’s provisions are much narrower
                                              ees are not forced to choose between a pay-             economy reopens, the problem persists.
                                                                                                                                                             than the protection for religious orga-
                                              check and a healthy pregnancy.                          The House must act again to pass this
                                                                                                                                                             nizations in the Civil Rights Act.
                                                                                                      bill, and the Senate must take it up.
                                                The Pregnant Workers Fairness Act will                                                                         Moreover, RFRA defenses are dif-
                                                                                                         Providing reasonable accommoda-
                                              close gaps and clarify ambiguities in the law                                                                  ficult to win in court. Indeed, more
                                              that have left too many pregnant workers                tions to pregnant workers helps busi-
                                                                                                                                                             than 80 percent of the time, courts rule
                                              unprotected for too long. The Pregnancy Dis-            nesses, workers, and families. Passing
                                                                                                                                                             in favor of the government and against
                                              crimination Act (PDA), passed in 1978, guar-            this bill is long overdue, and I urge a
                                                                                                                                                             the person seeking protection under
                                              antees the right not to be treated adversely            ‘‘yes’’ vote.
                                              at work because of pregnancy, childbirth, or               Ms. FOXX. Mr. Speaker, may I in-                    RFRA.
                                                                                                                                                               The claim that the Civil Rights Act’s
                                              related medical conditions, and the right to            quire how much time is remaining.
                                              be treated at least as well as other employ-               The SPEAKER pro tempore. The gen-                   longstanding religious organization
                                              ees ‘‘not so affected but similar in their abil-        tlewoman from North Carolina has 14                    protection does not need to be incor-
                                              ity or inability to work.’’ Unfortunately,              minutes remaining. The gentleman                       porated in H.R. 1065 because of RFRA is
                                              many courts interpreted the PDA narrowly
                                                                                                      from Virginia has 93⁄4 minutes remain-                 not persuasive. Indeed, the protection
                                              and allowed employers to refuse to accom-                                                                      should be added to the bill to ensure it
                                              modate workers with medical needs arising               ing.
                                                                                                         Ms. FOXX. Mr. Speaker, I reserve the                does not infringe on religious freedoms.
                                              out of pregnancy, even when they routinely                                                                       Mr. Speaker, I reserve the balance of
                                              accommodated other physical limitations. In             balance of my time.
                                                                                                         Mr. SCOTT of Virginia. Mr. Speaker,                 my time.
                                              Young v. UPS, the Supreme Court held that                                                                        Mr. SCOTT of Virginia. Mr. Speaker,
                                              when an employer accommodates workers                   I yield 11⁄4 minutes to the gentleman
                                              who are similar to pregnant workers in their            from Nebraska (Mr. FORTENBERRY).                       I include in the RECORD a letter from
                                              ability to work, it cannot refuse to accom-                Mr. FORTENBERRY. Mr. Speaker, I                     dozens of religious organizations, in-
                                              modate pregnant workers who need it simply              thank the gentleman from Virginia for                  cluding the Catholic Labor Network,
                                              because it ‘‘is more expensive or less conven-          yielding.                                              Jewish Women International, National
                                              ient’’ to accommodate pregnant women too.                  Mr. Speaker, you might notice a lit-                Council of Churches, Union for Reform
                                              The Young decision was an important vic-                tle smile on my face. Honestly, as I was               Judaism, and United Church of Christ,
                                              tory for pregnant workers, but the standard                                                                    Justice and Witness Ministries in sup-
                                                                                                      walking over here to speak on the bill,
                                              it set out still left many important questions                                                                 port of the legislation as it is.
                                              unanswered and created uncertainty for em-              I was reflecting on my own life as a fa-
                                                                                                      ther.                                                    DEAR REPRESENTATIVE: On behalf of the
                                              ployers and employees about when exactly
                                                                                                         I have five children. When two of my                undersigned religious and faith-based organi-
                                              the PDA requires pregnancy accommoda-
                                                                                                      children were little, my wife was away                 zations representing a diversity of faith tra-
                                              tions. In addition, the Americans with Dis-
                                                                                                                                                             ditions and communities across the nation,
                                              abilities Act (ADA) requires employers to               from the house, and I was to meet her                  we write today in support of healthy work-
                                              make reasonable accommodations for em-                  somewhere. One needed their diaper                     place environments and conditions for preg-
                                              ployees with disabilities. However, courts              changed, and then I had to feed the                    nant workers. We urge you to pass the Preg-
                                              have consistently held that pregnancy is not            other. By the time I did that, the other               nant Workers Fairness Act (H.R. 1065). Peo-
                                              a disability. The Pregnant Workers Fairness             diaper had to be changed. My wife                      ple of faith across the ideological spectrum
                                              Act would fill the holes left in these protec-                                                                 understand that prioritizing the health and
                                              tions with a common-ground and common-
                                                                                                      called me, and she said: ‘‘You can’t get
                                                                                                      out of the house, can you?’’                           safety of pregnant workers should not be a
                                              sense approach that ensures pregnant work-                                                                     partisan issue. The Pregnant Workers Fair-
                                              ers are accommodated when the accommoda-                   Mr. Speaker, pregnancy and mother-
                                                                                                                                                             ness Act would ensure that pregnant workers
                                              tions they need are reasonable and do not               hood, of course, bring joy and unique
                                                                                                                                                             can continue safely working to support their
                                              pose an undue hardship to employers.                    challenges and call from all of us a                   families during a pregnancy. The bill re-
                                                Accommodating pregnant workers is not                 higher sense of duty.                                  quires employers to make the same sort of
                                              only good for working women and families,                  My wife carried my children in their                accommodations for pregnant workers as are
                                              it is good for business. Moreover, today,               earliest formation, and I carried that                 already in place for workers with disabil-
                                              women make up about half the workforce.                 burden and opportunity to give them                    ities.
                                              More women are continuing to work while                 life in other ways. But if we can see                    Our faith traditions affirm the dignity of
                                              they are pregnant, through later stages of              pregnancy as a part of community, a                    pregnant individuals and the moral impera-
                                              pregnancy. For example, two-thirds of                                                                          tive of ensuring their safety. We also affirm
                                                                                                      journey of life for our good, the good of
                                              women who had their first child between 2006                                                                   the dignity of work and the obligation to
                                                                                                      all, and the good of our Nation, then                  treat workers justly. It is immoral for an
                                              and 2008 worked during pregnancy, and 88
                                                                                                      we accept that it requires reasonable                  employer to force a worker to choose be-
                                              percent of these first-time mothers worked
                                              into their last trimester. When employers               accommodation at work when someone                     tween a healthy pregnancy and earning a liv-
                                              accommodate pregnant workers, businesses                is pregnant, when they are giving life                 ing. By passing the bipartisan Pregnant
                                              reap the benefits of avoiding the costs of              to their child, or if they have nec-                   Workers Fairness Act (H.R. 1065), Congress
                                              turnover and keeping experienced employees              essarily hard conditions. It is only the               will ensure that workers who are pregnant
                                              on the job. And since pregnancy is tem-                 right thing to do, especially for those                will be treated fairly in the workforce and
                                              porary, pregnancy accommodations are, by                                                                       can continue earning income to support
                                                                                                      who are suffering.
                                              definition, short-term; many of these accom-                                                                   themselves and their families. Efforts to dis-
                                                                                                         Now, as I have been listening to this               tract from the central goal of ensuring preg-
                                              modations are low and no cost.                          debate, a concern has been raised about                nant workers can maintain their health and
                                                The time is now to pass the Pregnant                  civil rights and religious organizations,              the health of their pregnancies by inserting
                                              Workers Fairness Act. Thirty states and the             considerations I am surprised that                     unnecessary, harmful, and politically divi-
                                              District of Columbia have enacted provisions            haven’t been worked out before now.                    sive language into this bill undermines our
                                              explicitly granting pregnant employees the              But let’s keep working on that and                     obligation to protect pregnant workers




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                                              right to accommodations at work, from Mas-                                                                     across our country.
                                                                                                      pass this important bill.
                                              sachusetts, New York, and California, to                                                                         While many pregnant individuals continue
                                              South Carolina, Utah, Nebraska, West Vir-
                                                                                                         Ms. FOXX. Mr. Speaker, I yield my-
                                                                                                                                                             working throughout their pregnancies with-
                                              ginia, and Tennessee. Millions of pregnant              self such time as I may consume.                       out incident, there are instances when minor
                                              workers have benefitted from these protec-                 Mr. Speaker, being able to bear chil-               accommodations are necessary at the work-
                                              tions, but a pregnant employee’s ability to             dren is a great gift, and I am very                    place to ensure the safety of the expecting
                                              work safely should not depend on where she              pleased that God gave me that oppor-                   mother and the baby. All too often, requests
                                              lives.                                                  tunity.                                                for simple workplace accommodations like a




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                                              May 14, 2021                                      CONGRESSIONAL RECORD — HOUSE                                                                H2337
                                              stool to sit, a water bottle, or a bathroom             hold demanding, inflexible jobs where they             its swift passage.’’—Rabbi Marla Feldman,
                                              break are denied. Within the COVID–19 con-              face tradeoffs between their work and their            Executive Director, Women of Reform
                                              text, such critical accommodations might                health. Illegal pregnancy discrimination and           Judaism
                                              include     proper     protective   equipment,          denial of workplace accommodations, which                Mr. SCOTT of Virginia. Mr. Speaker,
                                              telework, or staggered work schedules that              disproportionately affect pregnant People of
                                                                                                      Color, contribute to the Black maternal
                                                                                                                                                             I yield 1 minute to the gentleman from
                                              offer employees commute times which avoid
                                              crowded public transportation and increased             health crisis and other forms of racial in-            Texas (Mr. GREEN).
                                              exposure. Currently, pregnant workers may               equity. Congress must protect expectant par-             Mr. GREEN of Texas. Mr. Speaker,
                                              continue to work without necessary accom-               ents and pass the Pregnant Workers Fairness            much has been said about the Civil
                                              modations because they fear losing their jobs           Act, which will help to mitigate the racial            Rights Act. Well, what do the organiza-
                                              and need the income, thus endangering their             and economic injustices that pregnancy dis-            tions that protect and promote the
                                              health or the health of their pregnancy.                crimination perpetuates.’’—Rabbi Jonah Dov             Civil Rights Act actually say?
                                              Without these protections, it is not uncom-             Pesner, Director, Religious Action Center of
                                                                                                                                                               More than 220 of them, I might add,
                                              mon for pregnant workers to be let go or                Reform Judaism
                                                                                                        NETWORK Lobby for Catholic Social Jus-               say that the Pregnant Workers Fair-
                                              forced out onto unpaid leave for requesting
                                              accommodations. Many others must quit                   tice urges all members of the House of Rep-            ness Act is critical to promoting eco-
                                              their job to avoid risking the health of their          resentatives to vote yes on the Pregnant               nomic security for pregnant workers
                                              pregnancy.                                              Workers Fairness Act (PWFA). In just the               and their families.
                                                Passing the Pregnant Workers Fairness                 fall of 2020, this critical legislation received         They say that women of color—more
                                              Act is a moral and economic imperative;                 more than 300 affirmative votes in the House           than two-thirds of Black women, 55
                                              two-thirds of women who had their first                 and now is the time to show the same over-
                                                                                                                                                             percent of Native American women,
                                              child between 2006 and 2008, the last year for          whelming support for pregnant workers. This
                                                                                                      common sense, bipartisan legislation is                and 41 percent of Latina women—are
                                              which data is available, worked during preg-                                                                   the sole primary breadwinners for their
                                              nancy, and 88 percent of these first-time               faithful to the principles of Catholic Social
                                              mothers worked into their last trimester.               Teaching—and the dignity of the human per-             families. They say that they support
                                              Keeping these women healthy and in the                  son in particular—by caring for the health             reasonable accommodations.
                                              workforce is paramount to family economic               and economic security of pregnant people                 They say that a woman ought not be
                                              security. In 2020, 77.5 percent of mothers with         and their families. Forcing workers to                 fired or be threatened with being fired
                                              children under age 6 worked full time, and              choose between a healthy pregnancy and a               for simply coming to work bearing a
                                              that number goes up to 81.2 percent for em-             paycheck is immoral and the PWFA ends
                                                                                                                                                             child, having a child.
                                              ployed mothers with children ages 6 to 17.              this injustice. NETWORK Lobby calls on the
                                                                                                      House of Representatives to quickly send the             They say that they support this leg-
                                              Millions of families rely on their earnings. In                                                                islation.
                                              2019, the last year for which data is avail-            PWFA to the Senate to support working peo-
                                                                                                      ple in the United States who are bringing                But the question really is, who are
                                              able, 41 percent of mothers were the sole or
                                              primary breadwinners in their families,                 new life into the world.’’—Mary J. Novak,              they? They are the Human Rights
                                              while 24.8 percent of mothers were co-bread-            Executive Director, NETWORK Lobby for                  Campaign. They are the Anti-Defama-
                                              winners. Whole families suffer when preg-               Catholic Social Justice                                tion League. They are the League of
                                              nant workers are forced out of a job.                     The Catholic Labor Network strongly sup-             Women Voters of the United States.
                                                The undersigned religious and faith-based             ports the Pregnant Workers’ Fairness Act.
                                                                                                      Pro-life and proworker, this essential legis-
                                                                                                                                                             They are the NAACP. They are the
                                              groups are united in support of the Pregnant                                                                   American Civil Liberties Union. They
                                              Workers Fairness Act. We strongly urge you              lation protects worker justice and honors
                                                                                                      families. No woman should have to choose               are the AFL–CIO. They are Mary Kay
                                              to vote for the Pregnant Workers Fairness
                                              Act.                                                    between her job and her unborn child.’’—               Henry. They are the Lawyers’ Com-
                                                    Sincerely, the undersigned:                       Clayton Sinyai, Executive Director, Catholic           mittee for Civil Rights Under Law.
                                                Ameinu, Arizona Jews for Justice, Aytzim:             Labor Network                                          They are the NAACP Legal Defense
                                              Ecological Judaism, Bend the Arc: Jewish                  ‘‘National Council of Jewish Women knows             and Educational Fund. They are Rabbi
                                                                                                      that pregnancy discrimination is a racial
                                              Action, Catholic Labor Network, Church                                                                         Jonah Pesner. And they are for this
                                              World Service, Columban Center for Advo-                justice issue. Black women, Latinas, and im-
                                                                                                      migrant women are more likely to hold in-              legislation.
                                              cacy and Outreach, Congregation of Our                                                                           Ms. FOXX. Mr. Speaker, I reserve the
                                              Lady of Charity of the Good Shepherd, U.S.              flexible and physically demanding jobs that
                                                                                                      present specific challenges for pregnant               balance of my time.
                                              Provinces, Faith Action Network, Faith Ac-
                                              tion Network—Washington State.                          workers and are less likely to provide rea-              Mr. SCOTT of Virginia. Mr. Speaker,
                                                Franciscan Action Network, Friends Com-               sonable pregnancy accommodation. The                   could you advise as to how much time
                                              mittee on National Legislation, Jewish Alli-            Pregnant Workers Fairness Act would ensure             is remaining on both sides?
                                              ance for Law and Social Action, Jewish Fam-             that pregnant people do not have to choose               The SPEAKER pro tempore. The gen-
                                              ily & Children’s Service of Greater Boston,             between a healthy pregnancy and their eco-             tleman from Virginia has 71⁄2 minutes
                                              Jewish Women International, Justice Re-                 nomic security.’’—Jody Rabhan, Chief Policy
                                                                                                      Officer, National Council of Jewish Women
                                                                                                                                                             remaining. The gentlewoman from
                                              vival, Keshet, Leadership Conference of                                                                        North Carolina has 121⁄2 minutes re-
                                                                                                        ‘‘ln so many of our homes, children depend
                                              Women Religious, National Advocacy Center                                                                      maining.
                                                                                                      upon their mothers for placing food on the
                                              of the Sisters of the Good Shepherd, Na-
                                                                                                      table. Moms work; that’s been the case for               Mr. SCOTT of Virginia. Mr. Speaker,
                                              tional Coalition Against Domestic Violence.
                                                                                                      years. Yet our laws and regulations are not            I yield 1 minute to the gentleman from
                                                National Council of Churches, National
                                                                                                      keeping up. Too often, working women who               Maryland (Mr. HOYER), the majority
                                              Council of Jewish Women, NETWORK Lobby
                                                                                                      are pregnant are not given appropriate ac-             leader of the United States House of
                                              for Catholic Social Justice, Network of Jew-
                                                                                                      commodations while they are pregnant. Con-
                                              ish Human Service Agencies, Pax Christi                                                                        Representatives.
                                                                                                      gress must pass the Pregnant Workers Fair-
                                              USA, T’ruah: The Rabbinic Call for Human                                                                         Mr. HOYER. Mr. Speaker, I would
                                                                                                      ness Act that would ensure that pregnant
                                              Rights, Union for Reform Judaism, United                                                                       say in response to Mr. GREEN’s pas-
                                                                                                      workers are able to continue working safely,
                                              Church of Christ, Justice and Witness Min-                                                                     sionate speech: Me too.
                                                                                                      in the same way as workers with disabilities
                                              istries, Uri L’Tzedek.
                                                                                                      are accommodated’’—Lawrence E. Couch, Di-                I rise in strong support of this bill,
                                                                     --
                                                                                   MAY 11, 2021.
                                                                                                      rector, National Advocacy Center of the Sis-           and I am proud to bring it to the floor
                                                                                                      ters of the Good Shepherd                              for consideration, Mr. Speaker.
                                               FAITH LEADER STATEMENTS. OF SUPPORT FOR                  ‘‘Women of Reform Judaism is proud to
                                                    PREGNANT WORKERS FAIRNESS ACT
                                                                                                                                                               I appreciate Chairman NADLER’s
                                                                                                      support the Pregnant Workers’ Fairness Act.
                                                ‘‘The Union for Reform Judaism is proud               The COVID–19 pandemic has heightened the
                                                                                                                                                             leadership in sponsoring and shep-
                                              to support the Pregnant Workers Fairness                urgent need to establish policies to protect           herding it through the committee.
                                              Act. According to the ancient rabbis, work-             essential workers—overwhelmingly Black                   I thank Chairman SCOTT, as well, for
                                              ers should not be put in the position where             women, Latinas, immigrant women, and                   his efforts on behalf of this very impor-
                                              they have ‘‘to starve or afflict themselves in          other Women of Color. Today, far too many              tant piece of legislation.
                                              order to feed their children’’ (Tosefta Bava            of these essential workers are denied tem-               America still has a long way to go




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                                              Metzia 8:2). With reasonable workplace ac-              porary job-related accommodations in order             when it comes to making our economy
                                              commodations, pregnant workers can keep                 to maintain a healthy pregnancy and are                work for women and mothers. We have
                                              earning a livelihood while protecting their             forced to make the heartbreaking choice be-
                                              health, so no worker faces the agonizing
                                                                                                                                                             seen that dramatically during COVID–
                                                                                                      tween their family’s economic security and
                                              choice between a healthy pregnancy and                  their health. No worker should ever be forced          19.
                                              their family’s financial security. As the in-           to make such a choice. Passing the Pregnant              Too often, women are pressured to
                                              equitable impact of the pandemic has high-              Workers Fairness Act is a moral imperative             leave the workforce when they start a
                                              lighted, People of Color are more likely to             and we urge members of Congress to support             family.



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                                              H2338                                             CONGRESSIONAL RECORD — HOUSE                                                            May 14, 2021
                                                Women should not face discrimina-                     Logistics warehouse in Memphis, which                  modation.’’ Those pregnant women who are
                                              tion or adverse actions as a result of                  was reported in The New York Times.                    let go or pushed out for needing accommoda-
                                              pregnancy. I think everybody would, I                   Warehouse workers were denied minor                    tion face a double burden based on stereo-
                                                                                                                                                             typing: After losing critical income at the
                                              hope, agree with that.                                  and reasonable accommodations, like                    very moment their growing family needs it
                                                This legislation would prevent that                   less taxing workloads and shortened                    most, they must then fight to re-enter a job
                                              from happening by requiring employ-                     work shifts. These were pregnant work-                 market that assumes new mothers are less
                                              ers, Mr. Speaker, to make reasonable                    ers.                                                   competent and committed than fathers and
                                              accommodations so that pregnant                           As a result, several women suffered                  their childless peers.
                                              workers can remain on the job, earning                  miscarriages, some of which happened                      As the Supreme Court has repeatedly re-
                                              their incomes.                                          while they were still on the warehouse                 affirmed, such sex role stereotyping is a
                                                                                                                                                             problem of constitutional magnitude. In-
                                                Now, I know a thing or two about                      floor.                                                 deed, the constitutional right to be free of
                                              reasonable accommodations, frankly,                       I,   along    with     Congresswoman                 invidious sex stereotyping ‘‘at the faultline
                                              as the principal sponsor of the Ameri-                  DELAURO and 97 of my colleagues,                       between work and family’’ is now well-estab-
                                              cans with Disabilities Act signed by                    wrote to the Education and Labor                       lished For instance, in Nevada Department
                                              President Bush on July 26, 1990. When I                 Committee to urge the 115th Congress                   of Human Resources v. Hibbs, the Court re-
                                              sponsored the bill more than 30 years                   to take decisive action and consider                   jected the ‘‘sex-role stereotype’’ that ‘‘wom-
                                              ago, that legislation incorporated the                  the Pregnant Workers Fairness Act.                     en’s family duties trump those of the work-
                                                                                                        I also participated in the Education                 place. Craig v. Boren, the Court rejected
                                              concept of reasonable workplace ac-                                                                            ‘‘outdated misconceptions concerning the
                                              commodations, in that case, for em-                     and Labor Committee’s subcommittee
                                                                                                                                                             role of females in the home rather than in
                                              ployees with disabilities.                              hearing on this bill last Congress.                    the ’marketplace and world of ideas.’ ’’ And,
                                                Pregnancy, of course, is not a dis-                     Many pregnant workers are being                      in Califano v. Westcott, the Court rejected
                                              ability. It is a joy. But there are cer-                forced to choose between maintaining a                 ‘‘the baggage of sexual stereotypes that pre-
                                              tainly dangers faced by pregnant work-                  healthy pregnancy and losing their                     sumes the father has the primary responsi-
                                              ers that could threaten the health of                   jobs at a time when both their                         bility to provide a home and its essentials,
                                              the woman and her unborn child, in-                     healthcare and their economic security                 while the mother is the center of home and
                                                                                                      are crucial.                                           family life.’’
                                              cluding heavy lifting and exposure to                                                                             Yet state employers continue to partici-
                                              toxic substances.                                         The Pregnant Workers Fairness Act                    pate in and foster unconstitutional sex dis-
                                                That is why it is essential for preg-                 will ensure that pregnant workers get                  crimination, including gender-role stereo-
                                              nant workers to receive reasonable ac-                  accommodations when they need them                     typing, by failing to provide reasonable ac-
                                              commodations that protect their safe-                   without facing discrimination or retal-                commodations to allow pregnant women to
                                              ty in the workplace without being de-                   iation in the workplace by putting in                  be both mothers and wage earners. The prob-
                                              moted or losing their jobs and, of                      place a clear, explicit pregnancy ac-                  lem is pervasive. To offer just a handful of
                                                                                                      commodation framework similar to the                   examples:
                                              course, to protect the rights and safety                                                                          In Alabama, Devyn Williams, a correc-
                                              of their babies.                                        accommodation standard that has been                   tional officer trainee, informed her em-
                                                Protecting the rights and safety of                   in place for decades for workers with                  ployer, the Alabama Department of Correc-
                                              pregnant workers in our economy is                      disabilities.                                          tions, that she was pregnant. Corrections of-
                                              something Democrats have cham-                            I urge passage of this bill. I include               ficials immediately began to discuss how to
                                              pioned for a very long time, Mr. Speak-                 in the RECORD the Better Balance re-                   terminate Williams, with one deputy com-
                                              er, and we passed this legislation last                 port on the need for this law in spite of              missioner commenting in an email, ‘‘Let me
                                                                                                      inaction by the State and the need for                 guess, we have to pay this person [Williams]
                                              Congress, as well.
                                                                                                      the 14th Amendment to be invoked.                      through the entire pregnancy[?]’’. At offi-
                                                But I hope that this is an issue where                                                                       cials’ urging, Williams provided a doctor’s
                                              Democrats and Republicans—Mr. FOR-                      About eight States are included here.
                                                                                                                                                             note recommending she be excused from the
                                              TENBERRY just spoke very well—can                                                           MAY 13, 2021.      state’s monthly physical training session
                                              come together, in a bipartisan way, to                  A BETTER BALANCE LEGAL ANALYSIS OF STATE               due to her pregnancy. Upon receipt of the
                                              protect mothers-to-be and their chil-                     ACTOR PREGNANCY-RELATED GENDER DIS-                  note, one corrections official emailed the
                                              dren.                                                     CRIMINATION                                          others, ‘‘[t]his [doctor’s note] will give us
                                                I hope that the Senate will join the                    Decades after Congress passed the Preg-              grounds to separate [Plaintiff] from service.’’
                                              House in adopting these protections,                    nancy Discrimination Act (‘‘PDA’’), preg-              The state promptly fired Williams. In one
                                                                                                      nant workers continue to face pernicious and           sense, Williams was lucky: Alabama officials
                                              which are so essential at a time when                                                                          had the poor judgment to document their
                                                                                                      unconstitutional gender discrimination at
                                              millions of women are eager to rejoin                   the hands of their employers, including state          animus. Their emails made explicit the un-
                                              the workforce and continue pursuing                     actors.                                                constitutional sex stereotypes motivating
                                              careers that bring them and their fami-                   Evidence of persistent discrimination by             their refusal to accommodate. Employers do
                                              lies opportunity and economic secu-                     state actors against pregnant workers in               not always put the animus underlying their
                                              rity.                                                   need of accommodation warrants—and in-                 failures to accommodate in discoverable
                                                I thank Chairman NADLER again for                     deed demands—Congress’s exercise of its                emails. The PDA has failed to root out such
                                              his leadership. I thank Mr. SCOTT for                   Section 5 power under the Fourteenth                   intentional yet ‘‘subtle [forms of] discrimi-
                                                                                                      Amendment to remedy and deter violations               nation that [are] difficult to detect on a
                                              his leadership, as well.
                                                                                                      of equal protection.                                   case-by-case basis,’’ thanks in part to a proof
                                                I urge a ‘‘yes’’ vote on this legisla-                  In the 21st century, sex discrimination              structure that demands onerous and lengthy
                                              tion.                                                   against pregnant workers often takes the               litigation. (Williams was still litigating her
                                                Ms. FOXX. Mr. Speaker, I reserve the                  form of reliance on insidious gender role              case nearly five years after she requested ac-
                                              balance of my time.                                     stereotyping concerning women’s place in               commodation.)
                                                Mr. SCOTT of Virginia. Mr. Speaker,                   the home and in the workplace. Too often,                 In Oklahoma, Clarisa Borchert, a childcare
                                              I yield 1 minute to the gentleman from                  such stereotypes—such as, that motherhood              attendant, informed her employer, a state
                                              Tennessee (Mr. COHEN), the chair of the                 and employment are irreconcilable—force                university child care center, that she was
                                                                                                      pregnant women ‘‘to choose between having              pregnant. When Borchert’s doctor rec-
                                              Subcommittee on the Constitution,
                                                                                                      a child and having a job.’’ Stereotyping sur-          ommended a 20-pound lifting restriction—
                                              Civil Rights, and Civil Liberties of the                rounding pregnancy and motherhood is per-              which Borchert believed would allow her to
                                              Judiciary Committee.                                    vasive, and biases can be intentional, im-             continue to care for infants—the state told
                                                Mr. COHEN. Mr. Speaker, I rise                        plicit, unconscious, or structural. For in-            her that she would not be permitted to work
                                              today in strong support of the Preg-                    stance, a study published in June 2020 sur-            ‘‘with restrictions of any kind.’’ The gender-
                                              nant Workers Fairness Act.                              veying pregnant women who work in phys-                based animus underlying the state’s blanket
                                                This meaningful legislation will pro-                 ically demanding jobs found that 63 percent            refusal to accommodate Borchert’s preg-




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                                              tect pregnant workers who have suf-                     of women surveyed worried about facing neg-            nancy was revealed by the ‘‘daily dispar-
                                              fered because of insufficient workplace                 ative stereotypes related to their pregnancy,          aging comments’’ made by Borchert’s boss
                                                                                                      and many avoided asking for accommoda-                 and other employees about her pregnancy.
                                              protections, a story far too familiar to                tions, sensing instead that they needed to             For instance, in response to Borchert’s ‘‘se-
                                              many workers in my district in Mem-                     overexert themselves physically in order to            vere and ongoing nausea and vomiting
                                              phis, Tennessee.                                        avoid stereotyping. As a result, the study’s           caused by her pregnancy,’’ her boss told her
                                                In 2018, I was shocked to read of the                 authors recommended ‘‘creat[ing] better so-            to ‘‘get over it’’ and accused her of feigning
                                              disturbing workplace abuses in an XPO                   cial support for utilizing pregnancy accom-            illness, telling Borchert that she ‘‘wasn’t




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                                              May 14, 2021                                      CONGRESSIONAL RECORD — HOUSE                                                                  H2339
                                              really sick.’’ Soon thereafter, the state               Supreme Court’s Young framework. The                     We urge Congress to pass this much-needed
                                              issued Borchert a Separation Notice.                    Young standard also has done little to create          legislation:
                                                 In New York, Lakia Jackson, a nurse tech-            clarity in the law, sowing confusion among               Ms. FOXX. Mr. Speaker, I reserve the
                                              nician, informed her employer, a state uni-             lower courts, juries, and litigants alike. As A
                                              versity, that she was pregnant. Jackson re-             Better Balance co-president Dina Bakst tes-
                                                                                                                                                             balance of my time.
                                              peatedly requested assistance changing pa-              tified earlier this year:                                Mr. SCOTT of Virginia. Mr. Speaker,
                                              tients, which her state employer denied be-               [R]ecent decisions further illustrate how            how much time do I have remaining?
                                              cause, in the words of her supervisors, the             steep a barrier Young and its comparator                 The SPEAKER pro tempore. The gen-
                                              university ‘‘does not accommodate pregnant              standard have erected to proving pregnancy             tleman from Virginia has 51⁄2 minutes
                                              women.’’ As a result of the strain of chang-            discrimination in court. Workers, especially           remaining. The gentlewoman from
                                              ing one patient, Jackson had to be rushed to            low-wage workers—and particularly women
                                                                                                                                                             North Carolina has 121⁄2 minutes re-
                                              the emergency room and ‘‘nearly [went] into             of color—typically do not have access to
                                              pre-term labor.’’ In defense of its refusal to          their coworkers’ personnel files and do not            maining.
                                              accommodate Jackson’s pregnancy, her state              otherwise know how they are being treated.               Mr. SCOTT of Virginia. Mr. Speaker,
                                              employer invoked a common sex stereotype                Often, this information is rightly confiden-           I yield myself 41⁄2 minutes.
                                              about pregnant women: that she was simply               tial, which means a pregnant worker would                Mr. Speaker, the Pregnant Workers
                                              ‘‘using her pregnancy as an excuse for not              be unable to find the information needed to            Fairness Act is based on the simple
                                              doing her work.’’ The state terminated her              show they are entitled to an accommodation.            idea that no one in this country should
                                              shortly thereafter.                                       Second, litigating accommodation cases
                                                                                                                                                             have to choose between financial secu-
                                                 In Tennessee, Amber Burnett, a veterinary            under the PDA has proven so onerous and
                                                                                                      timeconsuming as to be wholly ineffective in           rity and a healthy pregnancy.
                                              assistant, informed her employer, a state
                                              university, that she was pregnant. When                 the lives of real women. As noted above,                 This concept of fairness for pregnant
                                              Burnett alerted her employer that she could             Devyn Williams was still litigating her ac-            workers is precisely why both Demo-
                                              still work but that her physician had advised           commodation case nearly five years after she           crats and Republicans came together
                                              minimal or no contact with diseased animals             requested accommodation. Such delay has                to pass the Pregnant Workers Fairness
                                              placed in isolation, her employer told her              devastating consequences for pregnant work-            Act in the last Congress.
                                              that ‘‘she should begin looking for another             ers who need accommodation promptly, not                 Let’s be clear. Reasonable protec-
                                              job.’’ Shortly thereafter, the state termi-             five years later. As our co-president testi-
                                                                                                                                                             tions for workers are nothing new in
                                              nated her. In justifying the termination, the           fied:
                                                                                                        Most pregnant workers do not have the re-            our Nation’s workplaces. Employers al-
                                              state claimed concern for the potential for
                                              harm to Burnett’s pregnancy—a rationale                 sources, time, or desire to engage in                  ready have several decades of experi-
                                              that the Supreme Court recognized decades               timeconsuming and stressful litigation to at-          ence providing reasonable accommoda-
                                              ago is rooted in impermissible sex discrimi-            tempt to obtain such information. They                 tions for workers with disabilities
                                              nation.                                                 want, and need, to be able to receive an ac-           under the Americans with Disabilities
                                                 In North Carolina, Lauren Burch, a special           commodation promptly, so they can con-                 Act.
                                              agent, informed her employer, the state alco-           tinue earning income while maintaining a
                                                                                                                                                               We have heard about the fact that it
                                              hol enforcement agency, that she was preg-              healthy pregnancy.
                                                                                                        Finally, even when pregnant workers win              doesn’t include a religious exemption.
                                              nant. On her doctor’s advice, Burch re-
                                              quested light duty status to avoid ‘‘situa-             their PDA accommodation cases, it is be-               Well, the Religious Freedom Restora-
                                              tions that would put her at risk for physical           cause they are lucky enough to find the per-           tion Act still applies. The First
                                              altercations.’’ Her state employer approved             fect comparator or, like Devyn Williams, to            Amendment still applies. But there is
                                              the request but assigned her to a worksite              have a state employer foolish enough to doc-           no reason to give a wholesale exemp-
                                              that ‘‘required a daily, six-hour round-trip            ument their gender animus in a ‘‘smoking               tion to religious organizations, because
                                              commute’’ (for which she was provided ‘‘no              gun’’ email—the kinds of evidence courts               what are you exempting them from?
                                              work credit for travel time’’ and was forced            have deemed necessary to prevail under the
                                                                                                      PDA. The many pregnant women who lack
                                                                                                                                                             Providing water for pregnant workers,
                                              to use ‘‘her personal vehicle at her own ex-
                                                                                                      such evidence—but who nevertheless are de-             giving a bathroom break to a pregnant
                                              pense’’). The state refused to grant her an as-
                                              signment with a shorter commute—despite                 nied the accommodations they need due to               worker, is that what they need an ex-
                                              Burch’s doctor’s recommendation that she                their state employers’ animus and stereo-              emption from?
                                              travel no more than 1.5 hours—and pushed                types—do not bring suit at all, a reality A              We need to make sure that those ac-
                                              her onto unpaid leave.                                  Better Balance often hears from workers on             commodations are available to all
                                                 In Illinois, Tracy Atteberry, a police offi-         its legal helpline. If a standard is so onerous        pregnant women who are working and
                                              cer, informed her employer, the Illinois                as to prevent workers from seeking justice,            that organizations with at least 15
                                              State Police, that she was pregnant. Upon               that means current law offers no adequate
                                                                                                      remedy for a pernicious, unconstitutional
                                                                                                                                                             workers are guaranteeing protections
                                              the advice of her doctor, she requested light
                                              duty, which the state denied, despite pro-              form of discrimination.                                for pregnant workers in Federal law.
                                              viding light duty to other non-pregnant em-               The PDA’s failure to combat states’ record                            b 1015
                                              ployees with medical needs. Instead, the                of unconstitutional gender discrimination
                                              state forced Atteberry to use up her personal           demands further action by Congress. Where,               By doing that, this bill will eliminate
                                              time prior to giving birth to her child.                as here, ‘‘Congress ha[s] already tried unsuc-         the confusing patchwork of State and
                                                 In Oregon, Maricruz Caravantes, a care-              cessfully’’ to remedy violations of equal pro-         local workplace standards that workers
                                              giver, informed her employer, a state agen-             tection and such ‘‘previous legislative at-            and employers are currently forced to
                                              cy, that she had a high-risk pregnancy. Upon            tempts ha[ve] failed,’’ then ‘‘added prophy-           navigate. This legislation has broad
                                              the advice of her doctor, Caravantes re-                lactic measures’’ are justified and, indeed,
                                                                                                      imperative. The Pregnant Workers Fairness
                                                                                                                                                             support across the political spectrum
                                              quested—and was denied—assistance with
                                              lifting patients, causing her to ‘‘seriously            Act (PWFA) is just such a measure.                     and our communities.
                                              injure[]’’ her back.                                      The PWFA is narrow, tailored, and tar-                 In a recent nationwide survey, 89 per-
                                                 In Kansas, Deanna Porter, a psychiatric              geted to combat gender discrimination, in-             cent of voters say they support the
                                              aide, informed her employer, a state hos-               cluding invalid sex role stereotypes about             Pregnant Workers Fairness Act. Labor
                                              pital, that she was pregnant. When Porter’s             the place of ‘‘mothers or mothers-to-be’’ in           unions; civil rights groups, as we have
                                              doctor advised that she avoid lifting more              the work sphere. By requiring reasonable ac-           heard; and the business community, in-
                                              than 40 pounds, the state refused to allow              commodation of pregnant workers only
                                                                                                                                                             cluding the Chamber of Commerce,
                                              Porter to work with the lifting restriction in          where doing so would not cause employers
                                              place and sent her home. Shortly thereafter,            undue hardship, the PWFA is carefully craft-           have all endorsed this proposal as it is.
                                              she was terminated.                                     ed to deter and quickly remedy unconstitu-             It is imperative that we finally guar-
                                                 Due to a combination of gaps in the law              tional sex discrimination in the hiring, re-           antee pregnant workers access to rea-
                                              and      narrow     judicial   interpretations,         tention, and promotion of young (poten-                sonable workplace accommodations.
                                              Congress’s efforts through the PDA to eradi-            tially-pregnant) women and soon-to-become                Mr. Speaker, I include in the RECORD
                                              cate ‘‘the pervasive presumption that women             mothers. Moreover reasonable accommoda-                a letter signed by over 250 organiza-
                                              are mothers first, and workers second’’ have            tions for pregnancy are inherently time-lim-           tions in support of H.R. 1065, the Preg-




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                                              ‘‘proved ineffective for a number of reasons.’’         ited, and the vast majority of accommoda-
                                                                                                                                                             nant Workers Fairness Act.
                                              First, as described in A Better Balance’s re-           tions pregnant workers need, like the right
                                              port, ‘‘Long Overdue,’’ two-thirds of women             to carry a water bottle or sit on a stool at a                                      MAY 11, 2021.
                                              lose their PDA pregnancy accommodation                  retail counter, are low-cost or no-cost. The           Re Pregnant Workers Fairness Act.
                                              claims in court. A high percentage of these             minimal (or non-existent) economic cost of a             DEAR MEMBER OF CONGRESS: As organiza-
                                              losses can be traced to courts’ rejection of            pregnancy accommodation is one reason                  tions committed to promoting the health
                                              pregnant workers’ comparators or to work-               major industry groups, such as the U.S.                and economic security of our nation’s fami-
                                              ers’ inability to find a comparator, under the          Chamber of Commerce, champion the PWFA.                lies, we urge you to support the Pregnant




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                                              H2340                                             CONGRESSIONAL RECORD — HOUSE                                                           May 14, 2021
                                              Workers Fairness Act, a crucial maternal                adopted pregnant worker fairness measures              Breastfeeding Coalition, California WIC As-
                                              and infant health measure. This bipartisan              with broad, and often unanimous, bipartisan            sociation, California Work & Family Coali-
                                              legislation promotes healthy pregnancies                support. Twenty-five of those laws have                tion, California Women’s Law Center, Casa
                                              and economic security for pregnant workers              passed within the last seven years. These              de Esperanza: National Latina@ Network for
                                              and their families and strengthens the econ-            states include: Alaska, California, Colorado,          Healthy Families and Communities, Center
                                              omy.                                                    Connecticut, Delaware, Hawaii, Illinois, Ken-          for American Progress, Center for Law and
                                                In the last few decades, there has been a             tucky, Louisiana, Maryland, Maine, Massa-              Social Policy (CLASP), Center for LGBTQ
                                              dramatic demographic shift in the work-                 chusetts, Minnesota, Nebraska, New Mexico,             Economic, Advancement & Research, Center
                                              force. Not only do women now make up al-                Nevada, New Jersey, New York, North Caro-              for Parental Leave Leadership, Center for
                                              most half of the workforce, but there are               lina, North Dakota, Oregon, Rhode Island,              Public Justice, Center for Reproductive
                                              more pregnant workers than ever before and              South Carolina, Tennessee, Texas, Utah,                Rights, Chosen Vessels Midwifery Services,
                                              they are working later into their preg-                 West Virginia, Vermont, Virginia, and Wash-            Church World Service, Clearinghouse on
                                              nancies. The simple reality is that some                ington. Lawmakers have concluded that ac-              Women’s Issues, CLUW.
                                              pregnant workers—especially those in phys-              commodating pregnant workers who need it                 Coalition for Restaurant Safety & Health,
                                              ically demanding jobs—will have a medical               is a measured approach grounded in family              Coalition of Labor Union Women (CLUW),
                                              need for a temporary job-related accommo-               values and basic fairness.                             Coalition on Human Needs, Congregation of
                                              dation in order to maintain a healthy preg-               The Pregnant Workers Fairness Act is nec-            Our Lady of Charity of the Good Shepherd,
                                              nancy. Yet, too often, instead of providing             essary because it promotes long-term eco-              U.S. Provinces, Connecticut Women’s Edu-
                                              pregnant workers with an accommodation,                 nomic security and workplace fairness. When            cation and Legal Fund (CWEALF), DC Doro-
                                              employers will fire or push them onto unpaid            accommodations allow pregnant workers to               thy Day Catholic Worker, Disability Rights
                                              leave, depriving them of a paycheck and                 continue to work, they can maintain income             Education & Defense Fund, Disciples Center
                                              health insurance at a time when it may be               and seniority, while forced leave sets new             for Public Witness, Economic Policy Insti-
                                              most needed.                                            parents back with lost wages and missed ad-            tute, Equality Ohio, Equal Pay Today, Equal
                                                Additionally, discrimination affects preg-            vancement opportunities. When pregnant                 Rights Advocates, Every Texan, Every Moth-
                                              nant workers across race and ethnicity, but             workers are fired, not only do they and their          er, Inc., Family Equality, Family Values @
                                              women of color and immigrants may be at                 families lose critical income, but they must           Work, Farmworker Justice, Feminist Major-
                                              particular risk. Latinas, Black women and               fight extra hard to re-enter a job market              ity Foundation, First Focus Campaign for
                                              immigrant women are more likely to hold                 that is especially brutal on those who are             Children.
                                              certain inflexible and physically demanding             pregnant and unemployed.                                 Futures Without Violence, Gender Equal-
                                              jobs that can present specific challenges for             The Pregnant Workers Fairness Act is                 ity Law Center, Gender Justice, Grand-
                                              pregnant workers, such as cashiers, home                vital because it supports healthy preg-                mothers for Reproductive Rights (GRR!), Ha-
                                              health aides, food service workers, and                 nancies. The choice between risking a job              dassah, The Women’s Zionist, Organization
                                              cleaners, making reasonable accommoda-                  and risking the health of a pregnancy is one           of America, Inc., Hawai‘i Children’s Action
                                              tions on the job even more important, and               no one should have to make. Pregnant work-             Network Speaks!, Health Care For America
                                              loss of wages and health insurance due to               ers who cannot perform some aspects of their           Now, Healthier Moms and Babies, Healthy
                                              pregnancy discrimination especially chal-               usual duties without risking their own                 Children Project, Inc., Healthy and Free
                                              lenging. American families and the Amer-                health or the health of their pregnancy, but           Tennessee, Healthy Mothers, Healthy Babies
                                              ican economy depend on women’s income: we               whose families cannot afford to lose their in-         Coalition of Georgia, HealthyWomen, His-
                                              cannot afford to force pregnant workers out             come, may continue working under dan-                  panic Federation, Hoosier Action, Human
                                              of work.                                                gerous conditions. There are health con-               Rights Watch, ICNA CSJ, In Our Own Voice:
                                                In 2015, in Young v. United Parcel Service,           sequences to pushing pregnant workers out              National Black Women’s Reproductive Jus-
                                              the Supreme Court held that a failure to                of the workforce as well. Stress from job loss         tice Agenda, Indiana Chapter of the Amer-
                                              make accommodations for pregnant workers                can increase the risk of having a premature            ican Academy of Pediatrics, Indiana Insti-
                                              with medical needs will sometimes violate               baby and/or a baby with low birth weight. In           tute for Working Families.
                                              the Pregnancy Discrimination Act of 1978                addition, if workers are not forced to use               Indianapolis Urban League, Institute for
                                              (PDA). Yet, even after Young, pregnant                  their leave during pregnancy, they may have            Women’s Policy Research, Interfaith Work-
                                              workers are still not getting the accom-                more leave available to take following child-          ers Justice, Justice for Migrant Women,
                                              modations they need to stay safe and                    birth, which in turn facilitates lactation,            Kansas     Action   for  Children,    Kansas
                                              healthy on the job and employers lack clar-             bonding with and caring for a new child, and           Breastfeeding Coalition, KWH Law Center
                                              ity as to their obligations under the law. The          recovering from childbirth.                            for Social Justice and Change, La Leche
                                              Pregnant Workers Fairness Act will provide                For all of these reasons, we urge you to             League Alliance, La Leche League USA,
                                              a clear, predictable rule: employers must               support the Pregnant Workers Fairness Act.             LatinoJustice PRLDEF, LCLAA, Legal Aid
                                              provide reasonable accommodations for limi-               We also welcome the opportunity to pro-              at Work, Legal Momentum, The Women’s
                                              tations arising out of pregnancy, childbirth,           vide you with additional information.                  Legal Defense and Education Fund, Legal
                                              or related medical conditions, unless this                    Sincerely,                                       Voice, Mabel Wadsworth Center, Main Street
                                              would pose an undue hardship.                             A Better Balance, American Civil Liberties           Alliance, Maine Women’s Lobby, Make It
                                                The Pregnant Workers Fairness Act is                  Union, National Partnership for Women &                Work Nevada, Mana, A National Latina Or-
                                              modeled after the Americans with Disabil-               Families, National Women’s Law Center,                 ganization.
                                              ities Act (ADA) and offers employers and em-            1,000 Days, 2020 Mom, 9to5, ACTION OHIO Co-              March of Dimes, Maternal Mental Health
                                              ployees a familiar reasonable accommoda-                alition For Battered Women, Advocates for              Leadership Alliance, MCCOY (Marion Coun-
                                              tion framework to follow. Under the ADA,                Youth, AFL-CIO, African American Min-                  ty Commission on Youth), Methodist Federa-
                                              workers with disabilities enjoy clear statu-            isters In Action, Alaska Breastfeeding Coali-          tion     for   Social   Action,    Michigan
                                              tory protections and need not prove how                 tion, Alianza Nacional de Campesinas, All-             Breastfeeding Network, Michigan League for
                                              other employees are treated in order to ob-             Options, Academy of Nutrition and Dietet-              Public Policy, Midwives Alliance of Hawaii,
                                              tain necessary accommodations. Pregnant                 ics, American Academy of Pediatrics, Amer-             Minus 9 to 5, Mississippi Black Women’s
                                              workers deserve the same clarity and                    ican Association of University, Women                  Roundtable, Mom Congress, MomsRising,
                                              streamlined process and should not have to              (AAUW), American Association of Univer-                Monroe County NOW, Mother Hubbard’s Cup-
                                              ascertain how their employer treats others              sity, Women (AAUW) Indianapolis, American              board, Mothering Justice, Mother’s Own
                                              in order to understand their own accommo-               College of Obstetricians and Gynecologists,            Milk Matters, MS Black Women’s Round-
                                              dation rights, as the Supreme Court’s ruling            American Federation of State, County and               table & MS, Women’s Economic Security Ini-
                                              currently requires.                                     Municipal Employees.                                   tiative, NAACP, NARAL Pro-Choice Amer-
                                                Evidence from states and cities that have               American Federation of Teachers, Amer-               ica, National Advocacy Center of the Sisters
                                              adopted laws similar to the Pregnant Work-              ican Public Health Association, AnitaB.org,            of the Good Shepherd, National Asian Pacific
                                              ers Fairness Act suggests that providing this           Asian Pacific American Labor Alliance,                 American Women’s Forum (NAPAWF).
                                              clarity reduces lawsuits and, most impor-               AFL-CIO, Association of Farmworker Oppor-                National Association of Pediatric Nurse
                                              tantly, helps ensure that workers can obtain            tunity Programs, Association of Maternal &             Practitioners, National Association of Social
                                              necessary reasonable accommodations in a                Child Health Programs, Association of State            Workers, National Association of Social
                                              timely manner, which keeps pregnant work-               Public Health Nutritionists, Autistic Self             Workers NH Chapter, National Advocates for
                                              ers healthy and earning an income when                  Advocacy Network, Baby Cafe USA, Beau-                 Pregnant Women, National Birth Equity Col-
                                              they need it most. Workers should not have              fort-Jasper-Hampton Comprehensive Health               laborative, National Center for Law and Eco-




SSpencer on DSK126QN23PROD with HOUSE
                                              to choose between providing for their family            Services, Black Mamas Matter Alliance,                 nomic Justice, National Center for Lesbian
                                              and maintaining a healthy pregnancy, and                Black Women’s Roundtable, Bazelon Center               Rights, National Center for Parent Leader-
                                              the Pregnant Workers Fairness Act would                 for Mental Health Law, Bloom, Baby! Birth-             ship, Advocacy, and Community Empower-
                                              ensure that all those working for covered               ing Services, Bread For the World.                     ment (National PLACE), National Coalition
                                              employers would be protected.                             Breastfeeding    Coalition   of   Delaware,          for the Homeless, National Coalition of 100
                                                The need for the Pregnant Workers Fair-               Breastfeeding Family Friendly Commu-                   Black Women, Inc., Central Ohio Chapter,
                                              ness Act is recognized across ideological and           nities, Breastfeeding Hawaii, BreastfeedLA,            National Coalition Against Domestic Vio-
                                              partisan lines. Thirty states and D.C. have             Building      Pathways,     Inc,    California         lence, National Consumers League, National




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                                              May 14, 2021                                      CONGRESSIONAL RECORD — HOUSE                                                                H2341
                                              Council for Occupational Safety and Health              McLean County, YWCA Northwestern Illi-                 Constitution does not give us that
                                              (National COSH).                                        nois, YWCA USA, YWCA of the University of              right.
                                                National Council of Jewish Women, Na-                 Illinois, ZERO TO THREE.                                 Mr. Speaker, I urge a ‘‘no’’ vote, and
                                              tional Council of Jewish Women Cleveland,
                                                                                                        Mr. SCOTT of Virginia. Mr. Speaker,                  I yield back the balance of my time.
                                              National Council of Jewish Women (NCJW),
                                              Atlanta Section, National Domestic Workers              lastly, I thank Chairman NADLER and                      Mr. SCOTT of Virginia. Mr. Speaker,
                                              Alliance, National Education Association,               Congressman KATKO for their leader-                    I yield 1 minute to the gentlewoman
                                              National Employment Law Project, National               ship on this important legislation.                    from California (Ms. PELOSI), the
                                              Employment Lawyers Association, National                  Mr. Speaker, I urge a ‘‘yes’’ vote, and              Speaker of the House of Representa-
                                              Health Law Program, National Hispanic                   I reserve the balance of my time.                      tives.
                                              Council on Aging, National Network to End                 Ms. FOXX. Mr. Speaker, I yield my-                     Ms. PELOSI. Mr. Speaker, I thank
                                              Domestic Violence, National Organization                self 30 seconds.                                       the gentleman for the recognition and
                                              for Women, National Urban League, National
                                                                                                        Mr. Speaker, the chairman of the                     for his leadership, and that of the com-
                                              WIC Association, National Women’s Health
                                              Network, NETWORK Lobby for Catholic So-                 committee just said that this is going                 mittee in bringing this important bi-
                                              cial Justice, New Jersey Breastfeeding Coali-           to stop the patchwork of laws related                  partisan legislation to the floor.
                                              tion, New Jersey Citizen Action, New Jersey             to this issue.                                           I salute the gentleman; I salute
                                              Time to Care Coalition.                                   Au contraire, Mr. Chairman. This is                  JERRY NADLER, an author of this legis-
                                                New Mexico Breastfeeding Task Force,                  going to add to the confusion, which is                lation, the chair of the Committee on
                                              New Working Majority, North Carolina Jus-               the point I have been making over and                  the Judiciary; Mr. KATKO for his lead
                                              tice     Center,     Northwest      Arkansas
                                                                                                      over and over again. Simple addition of                cosponsorship; among other Republican
                                              Breastfeeding Coalition, Nurse-Family Part-
                                              nership, Nutrition First, Ohio Alliance to              the reference to the Civil Rights Act                  members, to make this strongly bipar-
                                              End Sexual Violence, Ohio Coalition for                 would keep us from adding to the                       tisan.
                                              Labor Union Women, Ohio Domestic Vio-                   patchwork of laws and the confusion                      Mr. Speaker, I am excited about this
                                              lence Network, Ohio Federation of Teachers,             that this bill is going to create. And I               legislation as a mother of five chil-
                                              Ohio Religious Coalition for Reproductive               am sorely disappointed that we could                   dren—four daughters, one son—nine
                                              Choice, Ohio Women’s Alliance, Oxfam                    not work out this last little accommo-                 grandchildren. This is about a recogni-
                                              America, Paid Leave For All, Partnership for            dation.                                                tion of being family-friendly in our leg-
                                              America’s Children, Peirce Consulting LLC,                Mr. Speaker, I reserve the balance of                islation, as more women are a part of
                                              Philadelphia Coalition of Labor Union,
                                              Women Philly CLUW, Philadelphia NOW
                                                                                                      my time.                                               the economic success of our country.
                                              Education Fund, Philaposh, Physicians for                 Mr. SCOTT of Virginia. Mr. Speaker,                    Mr. Speaker, I rise to support the
                                              Reproductive Health, Planned Parenthood                 I have one last speaker, and I reserve                 Pregnant Workers Fairness Act, a
                                              Federation of America.                                  the balance of my time.                                strong bipartisan step to ensure that
                                                PL+US: Paid Leave for the United States,                Ms. FOXX. Mr. Speaker, I yield my-                   women are no longer forced to choose
                                              Poder Latinx, Pontikes Law LLC, PowHer                  self such time as I may consume.                       between maintaining a healthy preg-
                                              New York, Pray First Mission Ministries,                  Mr. Speaker, House Republicans will                  nancy and paycheck—a choice that, for
                                              Pretty Mama Breastfeeding, LLC, Prevent
                                                                                                      not stand for discrimination of any                    many, has serious health consequences.
                                              Child Abuse NC, Public Advocacy for Kids
                                              (PAK), Restaurant Opportunities Center                  kind. As a mother, a grandmother, and                    This landmark legislation advances
                                              United, RESULTS, RESULTS DC/MD, Shriv-                  a very strong pro-life advocate, work-                 the health of women and children, the
                                              er Center on Poverty Law, SisterReach,                  place protections for pregnant women                   financial security of families, and,
                                              SPAN Parent Advocacy Network (SPAN),                    are particularly important to me. My                   really, the dynamism of our American
                                              Solutions for Breastfeeding, Speaking of                Republican colleagues and I have long                  economy. And its passage—while long
                                              Birth, Southwest Women’s Law Center, The                been committed to policies and laws                    overdue—is particularly urgent, as the
                                              International Union, United Automobile,                 that empower all Americans to achieve                  lives and livelihood of so many are
                                              Aerospace and Agricultural Implement
                                                                                                      success, and this includes current pro-                under threat from the coronavirus.
                                              Workers of America (UAW), The Leadership
                                              Conference on Civil and Human Rights,                   tections in Federal law for pregnant                     Again, I thank the chairman and Mr.
                                                The Little Timmy Project, The National                workers.                                               KATKO, Mr. NADLER, and so many oth-
                                              Domestic Violence Hotline, The Ohio Wom-                  While meaningful and necessary bi-                   ers for their leadership in passing this
                                              en’s Public Policy Network, The Women and               partisan improvements were made to                     bill. And I thank all the cosponsors.
                                              Girls Foundation of Southwest Pennsyl-                  H.R. 1065, it falls short in protecting                  Again, as a mother of five, I am espe-
                                              vania, The Women’s Law Center of Mary-                  one of the Nation’s most treasured                     cially proud to support the bill. And I
                                              land, The Zonta Club of Greater Queens,                 rights: Freedom of religion.                           want to salute all the mothers and
                                              TIME’S UP Now, U.S. Breastfeeding Com-
                                                                                                        Democrats’ refusal to include a com-                 women who have spoken out, often
                                              mittee, Ujima Inc: The National Center on
                                              Violence Against Women in the Black Com-                monsense, current-law provision that                   risking professional retaliation, to end
                                              munity, UltraViolet, Union for Reform Juda-             protects religious organizations from                  pregnancy discrimination in the work-
                                              ism, United Church of Christ Justice and                being forced to make employment deci-                  place.
                                              Witness Ministries, United Electrical, Radio            sions that conflict with their faith is                  This is what this means: It means
                                              and Machine Workers of America (UE),                    shortsighted and disappointing. Con-                   that too often when a pregnant worker
                                              United Food and Commercial Workers Inter-               gress should not be in the business of                 asks for a temporary job-related
                                              national Union (UFCW), United Spinal Asso-              taking away rights from the American                   accomodation, she will be fired or
                                              ciation, United State of Women, United
                                                                                                      people.                                                pushed onto unpaid leave, deprived of
                                              Steelworkers, United Today, Stronger To-
                                              morrow.                                                   In fact, as we all know, the Constitu-               her paycheck and health insurance
                                                Universal Health Care Action Network of               tion starts with the three most impor-                 when she needs them most.
                                              Ohio, VA NOW, Inc., Virginia Breastfeeding              tant words outside the Bible: We the                     This is particularly true in many
                                              Advisory Committee, Virginia Breastfeeding              People.                                                physically taxing jobs, which tend to
                                              Coalition, Voices for Progress, Wabanaki                  And then in the First Amendment to                   be low wage and traditionally domi-
                                              Women’s Coalition, We All Rise, West Vir-               the Constitution—and I want to jog the                 nated by women. And that is why we
                                              ginia Breastfeeding Alliance, Western Kan-              memories of my colleagues—the Con-                     must pass the Pregnant Workers Fair-
                                              sas Birthkeeping, William E. Morris Insti-
                                              tute for Justice (Arizona), Women and Girls
                                                                                                      stitution enshrines the right of reli-                 ness Act, putting in place a clear, ex-
                                              Foundation of Southwest Pennsylvania,                   gious freedom by saying: ‘‘Congress                    plicit    pregnancy      accommodation
                                              Women Employed, Women of Reform Juda-                   shall make no law respecting an estab-                 framework, similar to the standard
                                              ism, Women’s Fund of Greater Chattanooga.               lishment of religion’’—and this is very                that has been in place for decades for
                                                Women’s Fund of Rhode Island, Women’s                 important, the next part—‘‘or prohib-                  workers with disabilities, which I was




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                                              Law Project, Women’s March, Women’s                     iting the free exercise thereof.’’                     proud to be part of. Our distinguished
                                              Media Center, Women’s Rights and Em-                      That is what we are talking about                    leader, Mr. HOYER, has been a major
                                              powerment Network, Women4Change, Work-
                                                                                                      here today. We are talking about the                   leader in that regard.
                                              place Fairness, Workplace Justice Project at
                                              Loyola     Law    Clinic,   Worksafe,    WV             free exercise of religion. I will say                    Mr. Speaker, this legislation is also a
                                              Breastfeeding Alliance, WV Perinatal Part-              again: Congress should not be in the                   matter of justice. As nearly 300 groups
                                              nership, Inc., YWCA Dayton, YWCA Greater                business of attempting to take away                    from the ACLU to Zero To Three re-
                                              Cincinnati, YWCA Mahoning Valley, YWCA                  rights from the American people. The                   cently wrote to Congress—from A to



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                                              H2342                                             CONGRESSIONAL RECORD — HOUSE                                                                   May 14, 2021
                                              Z—‘‘Discrimination affects pregnant                        The question was taken; and the                      Sánchez          Stauber          Van Drew
                                                                                                                                                              Sarbanes          Steel            Vargas
                                              workers across race and ethnicity, but                  Speaker pro tempore announced that                      Scalise           Stefanik         Veasey
                                              women of color and immigrants may be                    the ayes appeared to have it.                           Scanlon           Steil            Vela
                                              at particular risk.                                        Ms. FOXX. Mr. Speaker, on that I de-                 Schakowsky        Stevens          Velázquez
                                                ‘‘Latinas, Black women and immi-                                                                              Schiff            Stewart          Wagner
                                                                                                      mand the yeas and nays.                                 Schneider         Strickland
                                              grant women are more likely to hold                                                                                                                Walorski
                                                                                                         The SPEAKER pro tempore. Pursu-                      Schrader          Suozzi           Waltz
                                              certain inflexible and physically de-                   ant to section 3(s) of House Resolution                 Schrier           Swalwell         Wasserman
                                              manding jobs that can present specific                  8, the yeas and nays are ordered.                       Schweikert        Takano             Schultz
                                                                                                                                                              Scott (VA)        Tenney
                                              challenges for pregnant workers. . . .                     The vote was taken by electronic de-                 Scott, David      Thompson (CA)
                                                                                                                                                                                                 Waters
                                              This can make reasonable accommoda-                                                                                                                Watson Coleman
                                                                                                      vice, and there were—yeas 315, nays                     Sewell            Thompson (MS)
                                                                                                                                                                                                 Welch
                                              tions on the job even more important,                   101, not voting 14, as follows:                         Sherman           Tiffany
                                                                                                                                                                                                 Wenstrup
                                              and loss of wages and health insurance                                                                          Sherrill          Titus
                                                                                                                          [Roll No. 143]                      Sires             Tlaib            Wexton
                                              due to pregnancy discrimination espe-                                                                           Slotkin           Tonko            Wild
                                                                                                                           YEAS—315                                                              Williams (GA)
                                              cially challenging.’’                                                                                           Smith (MO)        Torres (CA)
                                                                                                      Adams              Escobar           Lawrence                                              Williams (TX)
                                                I think it is important to note that                  Aguilar            Eshoo             Lawson (FL)
                                                                                                                                                              Smith (NJ)        Torres (NY)
                                                                                                                                                              Smith (WA)        Trahan           Wilson (FL)
                                              this legislation is important also from                 Allred             Espaillat         Lee (CA)           Soto              Trone            Wilson (SC)
                                              the standpoint of hiring. We want to                    Amodei             Evans             Lee (NV)           Spanberger        Turner           Wittman
                                              make sure that employers who are hir-                   Auchincloss        Feenstra          Leger Fernandez    Spartz            Underwood        Womack
                                                                                                      Axne               Ferguson          Lesko              Speier            Upton            Yarmuth
                                              ing someone know there is a level play-                 Bacon              Fischbach         Levin (CA)         Stanton           Valadao          Zeldin
                                              ing field should the woman of child-                    Balderson          Fitzpatrick       Levin (MI)
                                              bearing age—or even already blessed                     Barragán          Fleischmann       Lieu                                  NAYS—101
                                                                                                      Bass               Fletcher          Lofgren
                                              with a pregnancy—that this is a posi-                   Beatty             Fortenberry       Lowenthal
                                                                                                                                                              Aderholt          Fulcher          McClintock
                                              tive initiative for their workplace and                                                                         Allen             Gibbs            McHenry
                                                                                                      Bentz              Foster            Lucas              Armstrong         Gohmert          Miller (IL)
                                              their treating that person with respect                 Bera               Frankel, Lois     Luria              Arrington         Good (VA)        Miller (WV)
                                              is not placing them at any disadvan-                    Beyer              Gaetz             Lynch              Babin             Gooden (TX)
                                                                                                      Bice (OK)          Gallagher         Malinowski                                            Moore (AL)
                                              tage if the playing field is level.                                                                             Baird             Gosar            Nehls
                                                                                                      Bilirakis          Gallego           Malliotakis        Banks             Graves (MO)
                                                This comes at a time when—I men-                      Bishop (GA)        Garamendi         Maloney,           Barr              Green (TN)
                                                                                                                                                                                                 Norman
                                              tioned about the pandemic—around 2                      Blumenauer         Garbarino           Carolyn B.                                          Palazzo
                                                                                                                                                              Bishop (NC)       Greene (GA)
                                                                                                      Blunt Rochester    Garcia (CA)       Maloney, Sean                                         Palmer
                                              million women were pushed out of the                    Bonamici           Garcı́a (IL)      Manning
                                                                                                                                                              Boebert           Grothman
                                                                                                                                                                                                 Pence
                                              labor force. One out of four women re-                                                                          Brady             Guest
                                                                                                      Bost               Garcia (TX)       Matsui             Brooks            Harris           Perry
                                              port they are still worse off financially               Bourdeaux          Gimenez           McBath             Buck              Harshbarger      Pfluger
                                              than a year ago. Studies show it will                   Bowman             Gomez             McCarthy           Budd              Hern             Posey
                                                                                                      Boyle, Brendan     Gonzales, Tony    McCaul                                                Reschenthaler
                                              take 18 months longer for the women’s                     F.               Gonzalez (OH)     McCollum
                                                                                                                                                              Burchett          Herrell
                                                                                                                                                              Cammack           Hice (GA)        Rice (SC)
                                              employment to rebound from the pan-                     Brown              Gonzalez,         McEachin           Carl              Higgins (LA)     Rodgers (WA)
                                              demic than for men’s. And the reduc-                    Brownley             Vicente         McGovern           Carter (GA)       Jackson          Rogers (AL)
                                                                                                      Buchanan           Gottheimer        McKinley
                                              tion of women’s work hours and labor                    Bucshon            Granger           McNerney
                                                                                                                                                              Carter (TX)       Johnson (LA)     Rose
                                              force participation is said to erase tens                                                                       Cawthorn          Jordan           Rosendale
                                                                                                      Burgess            Graves (LA)       Meeks              Cheney            Joyce (PA)       Rouzer
                                              of billions of dollars from our economy.                Bush               Green, Al (TX)    Meijer             Cline             Keller           Roy
                                                American women are part of the en-                    Bustos             Grijalva          Meng               Cloud             Kelly (PA)
                                                                                                      Butterfield        Guthrie           Mfume                                                 Scott, Austin
                                              gine of America’s economy and the key                   Calvert            Hagedorn          Miller-Meeks
                                                                                                                                                              Clyde             LaHood           Sessions
                                              to building back better after this cri-                                                                         Crawford          Lamborn          Smith (NE)
                                                                                                      Carbajal           Harder (CA)       Moolenaar          Davidson          LaTurner
                                              sis. And again, as we all say: When                     Cárdenas          Hayes             Mooney                                                Smucker
                                                                                                                                                              DesJarlais        Letlow
                                                                                                      Carson             Herrera Beutler   Moore (UT)                                            Steube
                                              women succeed, America succeeds.                                                                                Donalds           Long
                                                                                                                                                                                                 Taylor
                                                                                                      Carter (LA)        Higgins (NY)      Moore (WI)         Duncan            Loudermilk
                                                And we can apply that to say: When                    Cartwright         Hill              Morelle                                               Timmons
                                                                                                                                                              Dunn              Luetkemeyer
                                              women of childbearing age succeed,                      Case               Himes             Moulton            Fallon            Mace             Van Duyne
                                              America certainly succeeds.                             Casten             Hinson            Mrvan              Fitzgerald        Mann             Walberg
                                                                                                      Castor (FL)        Hollingsworth     Mullin                                                Weber (TX)
                                                And for mothers and women who are                     Castro (TX)        Horsford          Murphy (NC)
                                                                                                                                                              Foxx              Massie
                                                                                                                                                              Franklin, C.      Mast             Westerman
                                              pregnant, the challenges are even grav-                 Chabot             Houlahan          Nadler               Scott           McClain
                                              er because our Nation still lacks suffi-                Chu                Hoyer             Napolitano
                                              cient workplace protections against                     Cicilline          Hudson            Neal                              NOT VOTING—14
                                                                                                      Clark (MA)         Huffman           Neguse
                                              pregnancy discrimination.                               Clarke (NY)        Huizenga          Newhouse
                                                                                                                                                              Bergman           Hartzler         Stivers
                                                Mr. Speaker, that is why this legisla-                                                                        Biggs             Kelly (MS)       Thompson (PA)
                                                                                                      Cleaver            Issa              Newman
                                                                                                                                                              Estes             Meuser           Webster (FL)
                                              tion is so very important and is con-                   Clyburn            Jackson Lee       Norcross
                                                                                                                                                              Golden            Murphy (FL)
                                                                                                      Cohen              Jacobs (CA)       Nunes                                                 Young
                                              sistent with what we pledge—liberty                                                                             Griffith          Simpson
                                                                                                      Cole               Jacobs (NY)       O’Halleran
                                              and justice for all women.                              Comer              Jayapal           Obernolte                             b 1103
                                                I am very excited about this because,                 Connolly           Jeffries          Ocasio-Cortez
                                              as we all know, pregnancy is a blessing                 Cooper             Johnson (GA)      Omar                  Messrs. RICE of South Carolina,
                                                                                                      Correa             Johnson (OH)      Owens              MAST, and Mrs. RODGERS of Wash-
                                              to any family, and we do not want any                   Costa              Johnson (SD)      Pallone
                                              intervention that can be avoided in                     Courtney           Johnson (TX)      Panetta            ington changed their vote from ‘‘yea’’
                                              terms of accommodating the needs of                     Craig              Jones             Pappas             to ‘‘nay.’’
                                              women who are pregnant.                                 Crenshaw           Joyce (OH)        Pascrell              Mr. WITTMAN and Mrs. FISCHBACH
                                                                                                      Crist              Kahele            Payne              changed their vote from ‘‘nay’’ to
                                                Mr. Speaker, I salute all of you. I am                Crow               Kaptur            Perlmutter
                                              very excited about this legislation and                 Cuellar            Katko             Peters             ‘‘yea.’’
                                              I am so glad it will have strong bipar-                 Curtis             Keating           Phillips              So the bill was passed.
                                                                                                      Davids (KS)        Kelly (IL)        Pingree               The result of the vote was announced
                                              tisan support.                                          Davis, Danny K.    Khanna            Pocan
                                                Mr. SCOTT of Virginia. Mr. Speaker,                   Davis, Rodney      Kildee            Porter
                                                                                                                                                              as above recorded.
                                              I yield back the balance of my time.                    Dean               Kilmer            Pressley              A motion to reconsider was laid on
                                                The SPEAKER pro tempore. Pursu-                       DeFazio            Kim (CA)          Price (NC)         the table.
                                                                                                      DeGette            Kim (NJ)          Quigley               Stated for:
                                              ant to House Resolution 380, the pre-                   DeLauro            Kind              Raskin
                                              vious question is ordered on the bill, as               DelBene            Kinzinger         Reed                  Mr. CARTER of Texas. Madam Speaker, I
                                              amended.                                                Delgado            Kirkpatrick       Rice (NY)          voted in error on rollcall 143. I mistakenly




SSpencer on DSK126QN23PROD with HOUSE
                                                The question is on the engrossment                    Demings            Krishnamoorthi    Rogers (KY)        voted no when I intended to vote yes.
                                                                                                      DeSaulnier         Kuster            Ross
                                              and third reading of the bill.                          Deutch             Kustoff           Roybal-Allard
                                                                                                                                                                 Mr. GRIFFITH. Mr. Speaker, today I am ab-
                                                The bill was ordered to be engrossed                  Diaz-Balart        LaMalfa           Ruiz               sent due to a family matter. Had I been
                                              and read a third time, and was read the                 Dingell            Lamb              Ruppersberger      present, I would have voted ‘‘yea’’ on rollcall
                                                                                                      Doggett            Langevin          Rush               No. 143 (H.R. 1065).
                                              third time.                                             Doyle, Michael     Larsen (WA)       Rutherford
                                                The SPEAKER pro tempore. The                            F.               Larson (CT)       Ryan                  Mrs. RODGERS of Washington. Mr. Speak-
                                              question is on passage of the bill.                     Emmer              Latta             Salazar            er, I voted no on H.R. 1065, however, this



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                                              May 14, 2021                                          CONGRESSIONAL RECORD — HOUSE                                                                 H2343
                                              vote was a mistake. I support H.R. 1065, the                ment. He has it in his DNA, although                     In addition, we will consider bills re-
                                              Pregnant Workers Fairness Act.                              he is younger than the movement.                       jecting hate toward the Asian-Amer-
                                                 Stated against:                                            For this and other reasons, many of                  ican and Pacific Islander community,
                                                 Mr. BIGGS. Mr. Speaker, on rollcall No. 143              us were privileged that Michael came                   including S. 937, the Senate-passed
                                              on H.R. 1065, I am not recorded because I                   with us, under the leadership of KAREN                 COVID–19 Hate Crimes Act, which ad-
                                              had to return home to my district to attend the             BASS and the Congressional Black Cau-                  dresses the dramatic increase in hate
                                              funeral of a close family friend. Had I been                cus, to Ghana.                                         crimes targeting the AAPI community
                                              present, I would have voted ‘‘nay’’ on rollcall               Mr. Whip, you were a leader in that                  since the start of the pandemic.
                                              No. 143.                                                    delegation, and you know how moving                      H. Res. 275, a resolution condemning
                                                 Mr. KELLY of Mississippi. Mr. Speaker, I                 it was.                                                the horrific shootings in Atlanta, Geor-
                                              was absent from votes today due to Mis-                       But Michael brought, in his DNA, the                 gia, on March 16, 2021, and reaffirming
                                              sissippi National Guard obligations. Had I                  spirit of his father, Isaac, who was                   the House of Representatives’ commit-
                                              been present, I would have voted ‘‘nay’’ on                 watching down from Heaven and saw                      ment to combatting hate, bigotry, and
                                              rollcall No. 143.                                           Michael be part of that historic trip.                 violence against the AAPI community.
                                                 Mr. BERGMAN. Mr. Speaker, please accept                  The whole time, he wore Isaac’s                                          b 1115
                                              this personal explanation as I was unexpect-                cufflinks as Isaac looked down with
                                              edly detained during vote proceedings. Had I                                                                         We will also consider H.R. 1629, the
                                                                                                          pride, and his mother, Naomi, and sis-
                                              been present, I would have voted ‘‘nay’’ on                                                                        Fairness in Orphan Drug Exclusivity
                                                                                                          ter, Veronica, looked on with love from                Act, which closes the loophole that
                                              rollcall No. 143.                                           here, taking great pride in Michael.                   blocks pharmaceutical competition
                                                 MEMBERS RECORDED PURSUANT TO HOUSE                         Mr. Whip, it is such an honor that                   and prevents innovative treatments for
                                                     RESOLUTION 8, 117TH CONGRESS                         you are in the Chair as I pay tribute to               opioid use disorder from coming to
                                              Allred (Stevens)    Jones (Jacobs        Rush               Michael, a real tribute to him and his                 market, and would help millions of
                                              Beatty                (CA))                (Underwood)      work.
                                                (Lawrence)        Kirkpatrick          Sewell (DelBene)                                                          Americans suffering from opioid addic-
                                              Bilirakis             (Stanton)          Sires (Pallone)
                                                                                                            Michael has been a tremendous asset                  tion.
                                                (Fleischmann)     Lawson (FL)          Slotkin            to the Speaker’s Office and my leader-                   Next week, the House will also con-
                                              Cárdenas             (Evans)              (Stevens)        ship team over the years, and to the                   sider the Emergency Security Supple-
                                                (Gallego)         Lieu (Beyer)
                                              Comer               Lofgren (Jeffries)
                                                                                       Smith (WA)         entire Democratic Caucus and the en-                   mental to Respond to January 6th Ap-
                                                                                         (Kilmer)         tire Congress, ensuring that we can de-
                                                (Cammack)         Lowenthal            Speier (Scanlon)                                                          propriations Act, 2021, which addresses
                                              Correa (Vargas)       (Beyer)
                                                                                       Strickland         liver progress For the People.                         enhanced security needs for the Capitol
                                              Crenshaw            McEachin                                  He can take pride, as I do, in know-
                                                (Pfluger)           (Wexton)
                                                                                         (Del Bene)                                                              complex; and House Resolution 3233,
                                              Doyle, Michael      McHenry (Banks)      Timmons            ing the key role that he has played in                 the National Commission to Inves-
                                                F. (Cartwright)   Meng (Clark            (Gonzalez        our passing legislation to lift up work-
                                                                                         (OH))                                                                   tigate the January 6 Attack on the
                                              Grijalva (Garcı́a     (MA))
                                                                                       Torres (CA)
                                                                                                          ing families across America. That hap-                 United States Capitol Complex Act,
                                                (IL))             Moore (WI)
                                              Huffman               (Beyer)              (Barragán)      pened because of his leadership.                       which establishes a commission to in-
                                                (Thompson         Napolitano (Chu)     Wagner               While Michael’s trusted presence on                  vestigate the insurrection at the Cap-
                                                (CA))             Payne (Pallone)        (Walorski)       this floor and on Capitol Hill will be                 itol on January 6.
                                              Johnson (GA)        Porter (Wexton)      Welch              missed, we are grateful for his service,
                                                (Cohen)           Ruiz (Aguilar)         (McGovern)                                                                This is bipartisan legislation. I want
                                              Johnson (TX)        Ruppersberger        Wilson (FL)        as well as for his work as a mentor and                to thank Chairman THOMPSON and
                                                (Jeffries)          (Raskin)             (Hayes)          leader to forge a path for others to fol-              Ranking Member KATKO for their lead-
                                                                  f                                       low. Indeed, his tenure has been both                  ership in announcing this bill, and I
                                                                                                          historic and impactful.                                hope that it will have broad bipartisan
                                                  HONORING THE SERVICE OF                                   On behalf of the House of Representa-
                                                         MICHAEL LONG                                                                                            support next week.
                                                                                                          tives, I thank Michael Long and wish                     Mr. FERGUSON. Madam Speaker, I
                                                (Ms. PELOSI asked and was given                           him the best in the next stages of his                 want to thank the majority for those
                                              permission to address the House for 1                       journey.                                               remarks on the schedule.
                                              minute.)                                                      With great admiration and apprecia-                    I also want to take a minute to
                                                Ms. PELOSI. Mr. Speaker, it is with                       tion, thank you, Michael Long.                         thank the leader, and others over
                                              great pride and some emotion that I                                           f                                    there, for helping pass H.R. 2877, the
                                              rise to honor an outstanding and long-                                                                             Behavioral Intervention Guidelines
                                              standing member of my staff who has                                LEGISLATIVE PROGRAM
                                                                                                                                                                 Act. It is a really good bill that will go
                                              been a pillar of my office for nearly 15                      (Mr. FERGUSON asked and was                          a long way in supporting school safety.
                                              years, my Senior Advisor and Director                       given permission to address the House                  I know there were many questions
                                              of Member Services, Michael Long.                           for 1 minute.)                                         about it, and everybody worked to get
                                                To Members of Congress and all who                          Mr. FERGUSON. Madam Speaker, I                       it to a good spot. I would like to, again,
                                              work and serve in this Chamber, the                         rise for the purpose of inquiring to the               extend my appreciation for all of the
                                              name Michael Long is synonymous                             majority the schedule for the week to                  help from my Democratic colleagues.
                                              with excellence.                                            come.                                                    Turning to the operations of the
                                                Michael is a coalition-builder and a                        I yield to the gentleman from Cali-                  House, as the gentleman knows, the
                                              communicator, a liaison and a leader                        fornia (Mr. AGUILAR), my friend and                    CDC has now lifted all mask and social
                                              with an extraordinary talent for forg-                      colleague, the vice chair of the Demo-                 distancing     requirements.    President
                                              ing enduring, effective connections,                        cratic Caucus.                                         Biden has lifted the mask requirements
                                              both within and outside the Capitol. I                        Mr. AGUILAR. Madam Speaker, I                        for the White House staff. But, amaz-
                                              have watched him with great pride                           thank the gentleman for yielding.                      ingly, here in the House of Representa-
                                              over the years as he welcomed young                           On Monday, the House will meet at 12                 tives, we still must wear the mask,
                                              people to the Capitol, including the                        p.m. for morning-hour debate and 2                     stagger the vote times, have these long
                                              Boy Scouts, as an Eagle Scout himself,                      p.m. for legislative business, with votes              vote times. We should be going back to
                                              showing his leadership from early on,                       expected no earlier than 6:30 p.m.                     a 5-minute and a 2-minute schedule so
                                              whether it is his communication with                          On Tuesday and Wednesday, the                        we can do the work of the House.
                                              his many friends and admirers in the                        House will meet at 10 a.m. for morning-                  When can we expect these restric-
                                              Congressional Black Caucus or with                          hour debate and 12 p.m. for legislative                tions to be lifted?
                                              the Members across the Congress on                          business.                                                Madam Speaker, I yield to the gen-




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                                              both sides of the aisle.                                      On Thursday, the House will meet at                  tleman from California.
                                                We all know and are grateful for his                      9 a.m. for legislative business, with last               Mr. AGUILAR. Madam Speaker, I
                                              unwavering patience and perseverance                        votes no later than 3 p.m.                             want to thank the gentleman for the
                                              and his remarkable ability to antici-                         We will consider several bills under                 question and for acknowledging the ex-
                                              pate and meet the needs of Members.                         suspension of the rules. A complete list               traordinary success of the Biden-Harris
                                                Michael comes from a family that is                       of the suspension bills will be an-                    administration in putting millions of
                                              committed to the civil rights move-                         nounced by the close of business today.                shots in arms at a historic pace.



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