As a doula, Normal-based Liz Walsh lends an ear to her clients as she accompanies them on the journeys through pregnancy.
And with an estimated 2.8 million pregnant women in the national workforce each year, according to advocacy group The National Partnership for Women and Families, it's to be expected that some of what Walsh and her clients talk about is work.
"I've heard both: I've heard people being grateful for their understanding employer, and I've heard people saying, 'If I take one more... day off, I might lose my job,'" Walsh said in an interview for WGLT's Sound Ideas.
That’s where a somewhat-new law aimed at protecting the rights of pregnant and postpartum workers could come into play. Though it was signed into law by President Joe Biden in 2022, regulations for enforcing the Pregnant Workers Fairness Act [PWFA] were only finalized in April and enacted in mid-June by the U.S. Equal Employment Opportunity Commission.
Congress, which showed bipartisan support for the measure, tasked the federal agency with enforcement of the law that filled a legislative gap in on-the-job protections for pregnant and postpartum workers. The final rule outlined what accommodations employees may seek from their employers and what employers must legally provide.
“These are reasonable accommodations — things like taking time off for medical attention in order to ensure healthy pregnancies, being able to drink water or lift lighter loads on the job,” EEOC chair Charlotte Burrows told WGLT in an interview. “This is really something that was passed to ensure that no one has to risk their job or their health just because they’re pregnant, recovering from childbirth, or have a related medical condition.”
Both public and private employers who employ 15 or more people are required to accommodate requests that are deemed reasonable, unless those accommodations put undue hardship on the employer. The EEOC’s latest rule outlines examples that range from extra breaks on-shift to allowing employees to drink water, eat food, or sit while they work, as well as adjusting schedules for medical appointments.
Eligible employees include those that are pregnant, have recently given birth, or are experiencing a pregnancy-related medical condition. Language for what constitutes “undue hardship” for an employer comes from the 1990 Americans with Disabilities Act and can include significant expenses or other difficulties.
“I think it’s a great first step,” Walsh said, adding that even though these legal protections now exist, some people may be hesitant to exercise their rights. “Even if they know about this [law], they still might be fearful about taking time off, or leaving for an appointment because they look like a ‘weaker’ employee. So, it’s really important for people to feel confident and comfortable speaking up for themselves — but in my experience, a lot of people don’t and aren’t sure how to do that.”
Alleged violations of the PWFA or denial of reasonable requests for accommodation can be taken to the EEOC, which will investigate and rule on the claim as it would in any case of alleged discrimination. The agency may also decide to bring a lawsuit against an employer, as it could in other cases. Burrows added that workers who make accommodation requests are legally protected under the PWFA from employer retaliation that could occur as a result.
“It would be my hope that people would feel confident in speaking up for themselves and know the law. That's the important thing — that people know that this is a law and that they do have protections,” Walsh said. “Now that I'm aware of this, that I can pass this on to my clients, so that they're aware of their rights and they can feel protected.”
