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New York City Passes Pregnant Workers Fairness Act

Olivia Niland |
September 24, 2013 | 5:15 p.m. PDT

Staff Reporter

Wikimedia Commons
Wikimedia Commons

 

The New York City Council passed legislation today which will ensure workplace rights for pregnant women, addressing concerns that women are often forced to choose between the health of their child and being fired or put on unpaid leave while pregnant.

The New York City Pregnant Workers Fairness Act (PWFA) will guarantee pregnant women adjustments to their regular work schedules and pre-natal leave, if necessary, as well as ensure basic accommodations such as proper seating, and adequate bathroom breaks and water.

The new law differs from the federal Pregnancy Discrimination Act, enacted in 1978, in that it considers the refusal of accommodations to work during pregnancy, such as climbing ladders or lifting heavy boxes, to be discrimination even if they are not accommodations extended to other workers, whereas the Pregnancy Discrimination Act does not.

First introduced last fall by New York City Councilmember James Vacca, who spoke at a news conference prior to the City Council vote this morning, the New York City Pregnant Workers Fairness Act is similar to federal legislation introduced earlier this year by US Representative Jerry Nadler (NY), and a point in the state bill known as the Women's Equality Act, which stalled in the Legislature during the last session.

SEE ALSO: A woman's Right Over Her Body Not Up For Debate

Also speaking at the news conference today was Dina Bakst, Co-Founder & Co-President of A Better Balance, an advocacy group for women workers' rights, who also wrote a New York Times Op-Ed about the rights of pregnant workers which brought public attention to the issue in January 2012.

“The new law explicitly protects pregnancy and pregnancy-related conditions under the city’s expansive human rights law in much the same way workers with disabilities are protected,” a press release issued by the New York Civil Liberties Union (NYCLU) stated.

“This is about basic fairness. Women make up almost half the workforce and are the primary or co-breadwinners in two-thirds of New York City’s families,” said NYCLU Policy Council

Katharine Bodde in the same news release also said, “Forcing pregnant women out of their jobs not only hurts women, it hurts our families, our communities and our economy.”

The Pregnant Workers Fairness Act was supported by unions, health groups and women's groups in New York City, but faced heavy opposition from Republicans in the House of Representatives.

Since 2010, seven other states have passed similar laws, with the national Pregnant Workers Fairness act introduced by Representative Nadler this past May currently awaiting decision by a Congressional Committee.

 

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