Rep. Susie Lee Advocates for Pregnant Workers’ Rights, Evokes Her Personal Difficulties with High-Risk Pregnancies

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Washington, D.C. – U.S. Rep. Susie Lee (Nev.-03), a member of the House Committee on Education and Labor and Subcommittee on Civil Rights and Human Services, delivered remarks in favor of the bipartisan Pregnant Workers' Fairness Act and questioned a Kentucky business leader who spoke before the Committee as to why this bill is necessary for the health and financial security of pregnant women.

As of now, the Pregnancy Discrimination Act and the Americans with Disabilities Act do not explicitly guarantee all pregnant workers the right to reasonable accommodations. These reasonable accommodations include a stool to avoid prolonged periods of standing, access to a water bottle while working, avoiding heavy lifting, or being able to take extra bathroom breaks, ensuring that pregnant workers can continue working without jeopardizing their pregnancies. Without these protections, pregnant workers are forced to choose between their paycheck and a healthy pregnancy. The Pregnant Workers Fairness Act is a bipartisan proposal that finally guarantees reasonable accommodations for pregnant workers.

In her remarks below, as prepared for delivery, Rep. Lee recounts her personal experience with unsuccessful and high-risk pregnancies, underlining why pregnant workers need essential protections codified into law:

"This bill is very personal to me. I'm the mother of two children. However, I had several unsuccessful pregnancies. In fact, when I had my son, I spent 3 months on bedrest before he was born. And dehydration is the factor that was cited in pushing me into premature labor.

"Now there were other factors, but I sit here today as a witness to how staying off your feet, staying hydrated, or avoiding heavy lifting can be the difference between having a healthy baby or going into premature labor – and possibly having a severely premature baby—which is what I was at risk of—with all of the costs and complications associated with that, or even having a miscarriage.

"The bottom line is that women should never have to make the choice of ignoring a doctor's orders to keep her job. And sadly, it's low-income families that are most vulnerable when these simple protections don't exist. That's why the Pregnant Workers Fairness Act is so important.

"In Nevada, over 64 percent of women are the primary or co-breadwinner, and these women are more likely to work low-wage jobs. A woman in Nevada is over 60 percent more likely to work a low-wage job than a man.

"When pregnant women are forced to leave their jobs because she didn't receive reasonable accommodations at work, it's their families that are forced to live without health insurance or income during a time when they need it most."

BACKGROUND: The Pregnant Workers Fairness Act is a bipartisan proposal that finally secures clear protections for pregnant workers.

• The Pregnant Workers Fairness Act (PWFA) would establish a pregnant worker's right to a "reasonable accommodation" so that no worker is forced to choose between financial security and a healthy pregnancy.
  
• Under PWFA, an employer with 15 or more employees must make reasonable accommodations for job applicants or employees based on pregnancy, childbirth or a related medical condition.
  
• Similar to the Americans with Disabilities Act, employers are not required to make an accommodation if it imposes an undue hardship on an employer's business.
  
• Similar to the Civil Rights Act of 1964, PWFA would give courts the ability to award lost pay, interest, compensatory damages, punitive damages, costs, reasonable attorneys' fees and experts' fees.

Women are increasingly the primary breadwinners in American households and are working later into their pregnancies. As a result, women who are denied reasonable accommodations can be forced to choose between their economic security and their health or the health of their babies. In the United States, women are the primary, sole, or co- breadwinners in nearly 64 percent of families. According to the U.S. Census Bureau, between 2006 and 2008, 88 percent of first-time mothers worked during their last trimester.

When pregnant women are forced to work in unsafe conditions, the consequences can be tragic. Studies have shown increased risk of miscarriage and preterm birth as a result of exposure to certain compounds, heavy lifting, overnight work, extended hours, or prolonged periods of sitting or standing.