Pregnant workers have long faced discrimination in the workplace. California has some of the strongest protections for pregnant workers, but our employment discrimination lawyers in L.A. know employees in the rest of the country has not been so fortunate. That could soon change, if a new bill moving through the House is successful.
The bill, called the Pregnant Workers Fairness Act, or PWFA, was first introduced in 2012 – and nearly every House session since. In the meantime, pregnancy discrimination lawsuits across the U.S. have numbered in the thousands – including one that made it to the U.S. Supreme Court.
Now, it seems the latest effort has real promise. When H.R. 1065 was first introduced several months ago, it got 225 sponsors and included representative from both sides of the political aisle, increasing optimism about its prospects.
What Would the PWFA Do?
The main thing the PWFA could do for pregnant workers across the country is to both clarify and strengthen the decades-old Pregnancy Discrimination Act. This law made it unlawful for employers to use pregnancy as a determining factor when deciding who to hire, fire, promote, etc.
The PDA has some great intent and important protections. But as our Los Angeles pregnancy discrimination lawyers know, it doesn’t go far enough for many workers. It was passed as an amendment to the 1964 Civil Rights Act some four decades ago. The original federal law is frankly pretty ambiguous. Critical language is left undefined, and frequently, employee plaintiffs face an almost insurmountable proof burden to establish discrimination. Continue Reading ›