By the Democratic Staff of the Joint Economic Committee
Two years ago, although pregnant women won a victory in the Supreme Court in Young v. UPS, the complicated process set up in the decision still left many working women uncertain about their rights in the workplace. Just last month, former Wal-Mart employees filed a class action lawsuit for refusing them reasonable accommodations, which a 2013 study estimated occurs to 250,000 women each year. Many more are likely discouraged from even asking.
In response to ongoing cases of pregnancy discrimination, a bipartisan group of members of Congress?—?including Sen. Casey (D-PA), Shaheen (D-NH), and Heller (R-NV) and Reps. Nadler (D-NY) and Coffman (R-CO)?—?recently introduced the Pregnant Workers Fairness Act. This bill would require employers to provide reasonable accommodations to allow pregnant workers to continue working, instead of being forced to take leave or losing their jobs.
Nearly 85 percent of women will become mothers at some point in their working lives and increasingly, more women choose to work during their pregnancies. Yet, mothers and pregnant women still encounter discrimination in the workplace that hurts them, their families, and the American economy.
This discrimination persists even though women have accounted for most of the income gains over the past nearly half century. Women entering the workforce and working longer were responsible for over 80 percent of the increase in median family incomes from 1970 to 2013, or an increase of $9,000.
When discrimination forces pregnant women out of the workforce, they lose out on earnings and often find it difficult to return. Women who work during pregnancy are more likely to return to work within a year. Those who return to work for the same employer are more likely to keep their previous levels of pay, hours, and skill. And since women are the sole or primary breadwinner in 40 percent of households with children, empowering women to work is critical for their families’ livelihoods.
Ending the stigma against mothers and pregnant workers would also benefit employers, who may have misconceptions about mothers in the workplace. For instance, employers incorrectly view mothers as less productive; mothers are actually on average more engaged at work than fathers. Discrimination also interferes with the ability of businesses to hire and retain talented workers. Passing up qualified workers due to discriminatory reasons can reduce a business’ productivity and lower profits. Replacing a worker can cost a business 21 percent of the previous worker’s salary. Overall, employee turnover from various types of workplace discrimination costs the U.S. economy $64 billion per year.
The American economy works best when businesses have a high-quality workforce and when workers can pursue their careers and support their families. Family-friendly policies including strong protections against discrimination, paid parental leave, and child care supports will further women’s labor force participation and grow the economy for all Americans.
Women should no longer be forced to choose between their jobs and their pregnancies. Congress should quickly pass the bipartisan Pregnant Workers Fairness Act to empower all working mothers and mothers-to-be.
