HR Policy-Supported Pregnant Workers Fairness Act Introduced

February 19, 2021

A bipartisan group of representatives reintroduced the Pregnant Workers Fairness Act, a popular bill that would require companies to provide “reasonable workplace accommodations for workers whose ability to perform the functions of a job are limited by pregnancy, childbirth, or a related medical condition.”

Last year, HR Policy spearheaded a coalition letter supporting the bill, noting that it would give employers “clear and flexible options to ensure pregnant employees can remain at work for as long as they wish to do so.”

  • The measure passed the House in September, with 226 Democrats and 103 Republicans voting in favor. 

  • Several amendments were made to attract business support.  These included adopting an “employer-employee interaction process,” which is also used under the Americans with Disabilities Act, in order to arrive at a reasonable accommodation that an employee must use.  Further, employers would not be liable if they are able to demonstrate good faith efforts during reasonable accommodations negotiations with an employee.

You can read more about the bill here.

Cosponsors include Reps. Jerrold Nadler (D-NY), John Katko (R-NY), Lucy McBath (D-GA), Jamie Herrera-Beutler (R-WA), and Education and Labor Committee Chair Bobby Scott (D-VA).

The legislation is expected to pass the House.  Whether it can attract the support of 10 Republican votes to overcome the Senate filibuster remains to be seen.