Transcripts For CSPAN2 Hearing On Pregnant Worker Rights 20240713

Today in a legislative hearing to hear testimony on h. R. 2694 the pregnant workers fairness act. I note for the subcommittee that ms. Bass of georgia and mr. Cohen of tennessee are permitted to participate in todays hearing. Members who sit on the subcommittee and our present shall have First Priority to ask questions followed by members who sit on the full committee and only after all Committee Members who are present have gone show members who are not on the committee asked questions. Pursuant to Committee Rule seven Opening Statements are limited the chair the Ranking Member. This allows us to hear from her witnesses in her and provide all members with adequate time to ask questions that i recognize myself now for the purpose of making an opening statement. As a a mom and a policymaker hih know how important it is to havo Economic Security. Unfortunately our current laws aree inadequate in many pregnant workers are placed on unpaid leave or forcedd out of work whn they only need a simple accommodation to stay on the job during their pregnancy. Today we arele holding a legislative hearing on h. R. 269 for the pregnant workers fairness act. This bill takes an important step to guarantee the pregnant women will get reasonable accommodation that will allow them to stay in the workplace that had like to her witnesses for being hereac to provide important insight on the discrimination and hardship pregnant women face when they in denied reasonable accommodations in the workplace. I also wantd to thank the judiciary chairman jerryin nadlr the sponsormi of this bill for taking time to join us this morning. According to a better balance 75 of women will be pregnant while employed at sometime in their lives. Women are increasingly either the primary or full breadwinners of households and as a result more pregnant women work later into their pregnancies. In Fact Research suggests that more than 80 of parttime others work until their final month of pregnancy. Pregnant workers may need reasonable accommodations to protect the health of mother and baby. Reasonable accommodations can range from providing feeding, water and light duty to excusing pregnant workers from tasks involving dangerous substances. They do not need to be nor are they typically complicated or costly but when pregnant workers do not have access to the reasonable Workplace Accommodations they need their often forced to choose between their Financial Security and their pregnancy. The consequences can be devastating to their health and security. Its also important to note women of color are overrepresented in lowwage physically demanding jobs and are therefore disproportionately affected with access to reasonable accommodation. 1978 Congress First recognized the responsibility to provide pregnant women with equal treatment in the work place when they passed the pregnancy discrimination act to the law clarified discrimination against pregnant workers at discrimination on the basis of sex under title vii of the Civil Rights Act of o 1964. The law requires businesses to treat pregnant workers as they would other physically impaired workers yet 41 years after the passage of the pregnancy discriminationa act law falls short ofw guaranteeing that all pregnant workers at reasonable Workplace Accommodations. Under current law a pregnant worker must show her employer, dated similarly situated coworkers burdensome and often difficult standard to me. The americans with disabilities act covers pregnancy related impairments that leaves women with less serious pregnancy related impairments without legal recourse. Even the Supreme Courts decision in young verses ups which affirms pregnant workers rights reasonable accommodations under the pregnancy eadiscrimination act not providg workers aremo businesses the clarity or Legal Certainty theyy need. In fact since young verses ups or possibly 70 of courts have denied reasonable accommodations for pregnant workers. Pregnantntai women continue to suffer Workplace Discrimination at an alarming rate. According to a 212 2012 survey more than 60 of workers have seen pregnancy discrimination on the job. To these women meeting pregnant can mean losing u a job being denied a promotion are not being hired in themi first place for guaranteeing that women have the reasonable accommodation workplace eradicates pregnancy discrimination without protections for federal workers several states from across the geographic and political spectrum have taken action to fill the void. In my home state of oregon is one of those offices that lead the way. The state Legislature Passed a bill to require employers to provide reasonable accommodations for employees with no limitations related to pregnancy childbirth or related medical conditions unless it was imposing undue hardship and as of this month 27 states and for cities have required employers more than 15 employees to provide accommodations. Bringing certainty to business preventing costly basin important to keeping pregnant women safely onn the job of without benchmark workers andti employers are left with a patchwork of law to provide strong protections for some and no protections for others. We need to make sure all pregnant workers regardless of where they left can access the protection they need to stay and workplace and thats why we are discussing the pregnant workers fairness act today are just this bill would establish a. Workersn right to guarantee the pregnant workers can takee accommodations without discrimination or retaliations workplace. The pregnant workers fairness act askp an opportunity for congress to finally fulfill the promise of the pregnancy discrimination act to take an important step toward workplace gender equity healthy pregnancy and Economic Security of all pregnant and parenting women and their families that i welcome this opportunity to work with my republican colleagues to move this bill forward in a bipartisan manner. A request unanimous consent to enter the twor. Letters and a record one from the International Teamsters and 100 stakeholder groups and another one in support of the pregnant workers fairness act. Without objections order. I yield to the Ranking Member mr. Coleman. Thank you madam chairman i want to welcome all the witnesses including my friend and fellow kentuckian irish wilbur. Republicans have long been committed to policies that empower all americans to achieve success. Discrimination of anysh type should not be tolerated and no one should ever be denied an opportunity because of Unlawful Discrimination. That is why there are important protections under federal law to prevent Workplace Discrimination including federal laws that protect pregnant workers. The americans with disabilities act provides protections to pregnant workers. The pregnancy discrimination act outlaws pregnancy discrimination 2015 Supreme Court ruling affirmede employers must treat pregnant workers equally and fairly in states including my state of kentucky have passed laws protecting pregnant workers. The equal Employment Opportunity commission the primary federal agency that enforces civil rights laws against Workplace Discrimination has stated that ada requires employers toke accommodate trinity related limitations. A republicans in congress have long supported meaningful and clearly defined protections for pregnant workers that ensure they are not being unlawfully discriminated against as it relates to pregnancy childbirth or related medical conditions. We should promote policies in washington that encourage Strong Family allow families to first and protect live at all stages. The purpose of americas nondiscrimination law the agency enforcing them is to give all americans equal opportunities to succeed. That being said overzealous Government Intervention often causes more harm than good. While we are committed to preventing and combating Unlawful Discrimination we should carefully examine legislation that could cause confusion and prove difficult to implement permission should protect his Commission Policies that are responsible and effective sore nations workers and job creators can forage and americas workplaces can be free from discrimination. The committee should review and evaluate the federal laws on the books that provide protection for pregnant workers as well as provisions of h. R. 2694 before dancing legislation that could have unexpected consequences. The hearing today is a starting point in this regard. Bottom line pregnant workers should be protected and reasonably accommodated in thend workplace. I lookh forward to hearing from our Witnesses Today as we examine the pregnant workers act. Ess madam chair iul yield back. C think yoube could without objection all members who wish to enter written statements into thee record may do so by submitting them to the committee electronically and microsoft format. I will introduce her witness for the first panel. Congressman jerry nadler represents the tenth congressional district. Congressman nadler is the chairman of the House Committee on the judiciary. For more than 30 years chairman nadler has been on the frontlines to fight for civil rights and he has been a relentless defender of our countrys fundamental promise of equality for all. Congressman nadler praises a different t role in womens rigs serving as aam central figure in the rasterization of the violence against women act and the author of the pregnant womens fairness act. We appreciate the witness for being here today and look forward to your testimony but let me remind the witness if you statement thaten bothan appear in the record pursuant tot rule deanmack. Before your begin your testimony please remember to press theou button on the microphone in front of you and as you begin to speak the light in front of you will turn green and after four minutes it will be yellow and when it turns red your five minutes havee expired. I now recognize chairman jerry nadler. Thank you chair bonamici and Ranking Member komar for hearing this hearing today in inviting me to testify on the pregnant workers fairness act. This hearing is long overdue prepregnancy discrimination is not a new issue. As long as women have been in the work horse they have been fired for promotional hiring had their work cut back when they became pregnant or start a family. For the last six months we have seen multiple reports. Disability. Not a sometimes due to complications or even healthy pregnancys workers need a reasonable accommodation from their employer such as an extra bathroom break limiting contact with certain chemicals or reducing the amount of lifting the two previous accommodations typically cause little to provide however for millions of pregnant workers they are criticalr. Simple accommodations can mean the difference and in gene staying on the job and being forced out of leave. The difference between keeping Health Insurance are putting their pregnancy or worse at rest. The law prohibited discrimination on the basis of pregnancy childbirth or related conditions but over the last 40 years the law means if you treat your nonpregnant employees will you have to treat your pregnant employees well. The inverse t is also true. You treat your nonpregnant employees terribly you have every right under the law to treat pregnant employees terribly. In 2015 Supreme Court tempted to address how pregnancy disability act interacted with the needs for pregnancy accommodations of the work ways. The decision only exacerbated the travel. The courts found nor to receiveo accommodation to pregnant worker has to prove nonpregnant employees were similar in their ability to work. That places a huge burden on pregnant workers and requires detailed knowledge of medical and employment history every proveee pay when must their accommodation is just as valid as a hernia. For most workers are simply no way to get that information to prove their case. Thats why a better balanced sound courts side with employees and twothirds of pregnancy accommodations cases post young. The bird. The burden be on decision places places on pregnant workersrd tos prove the case is for most pregnant women insurmountableos. Other members of congress have introduced legislation to address pregnancy combination including an bill by my republicande colleague. The new legislation appears to be based on the young test and requires it simpler to provide accommodations for nonpregnant employees and must do so fored pregnant employees in similar working conditions but happy to see judicial interest in ensuring the pregnant workers accommodations on the job. The problem with mr. Walberg and ms. Wagners proposal as they require pregnant workers to prove that theyve been discriminated against in order to access accommodations. It doesnt have to be that complicated. Thats why it traduced a bipartisan workers fairness act. The bill simply creates an affirmative right to accommodation rather than relyingat on discrimination. Using the framework and language of the ada requires employers to provide reasonable accommodations to. Workers and not impose an undue hardship on employed for those accommodation should be available for pregnancy childbirth or related conditions includingod lactating. Courts know how to interpret that language are there three decades of ada guidelines. Employers have worked with requirements for decades and notes that cle what their responsibilities will be. Most importantly women who have the certainly they can safely stem a job as long as they choose during their pregnancy to keep their paycheck and their health Health Insurance throughout. We know this framework for pregnancy accommodation works because we have seen it in action. To date 27 states around the countrys economies and laws similar to the pregnant workers fairness act. States like new york nebraska Washington State and most recently South Carolina kentucky the ball pass legislation to provide reasonable accommodation. Here in the house the bill has 100 cosponsors and is supported by aon broad range of health lar business and womens rights organizations. Thank you again chair bonamici and Ranking Member comer and i look forward to working with you in this committee to move this critical piece of legislation forward. Thank you chairman nadler. Thank you for taking the time to testify before the committee today. Your testimony is of value valuable piece of legislative record. We willti now receive the second panel. L. Thank you to the witness in the Committee Staff for that smooth transition. I will now introduce her witnesses for the second panel. Kimberly Michelle Durham is from alabama. The durham made the trip to washington d. C. To share her story. Or myrlie and emergency medical technician inma alabama ms. Durm was forced off the job when she became pregnant. Next ms. Iris wilbur joint Greater Louisville inc. A Metro Chamber of commerce in 2016 pages served as their vice Vice President of Government Affairs and public policy. In her role she works on policy and legislation for local state and federal level to help advocate for the Business Community. Ms. Ellen mclaughlin is a partner in the Chicago Office of shot at low pay and former chair of the labor Employment Law department. Ms. Mclaughlin is engaged in a broadbased employment practice specializing in federal and state courts and Administrative Agency in litigation. Ms. Dina bakst is cofounder and copresident of a better balanced at leading National Legal Advocacy Organization headquartered in new york city. A better balance is dedicated to advancing the rights of working families promoting fairness in the workplace and helping workers across the economic spectrum and their families without risking Economic Security. We appreciate all the witnesses for being here today and we look forward to your testimony. Let me remind the witnesses that have read your your written statements and they will appear in full and hearing record. Or so to Committee Rule seven eat and committees he we asked you limit your a presentation to a fiveminute summary of your written testimony. Let me remind the witnesses pursuant to title xviii of the u. S. Code section 1001 it is illegal to knowingly and willfully falsify any statement or representation writing document or material presented to congress or otherwise reveal or cover up facts. Therefore giving your testimony presumably depress the button on the microphone in front of you so will turn on the members can hear you. As we begin to speak the light inin front of you will turn gren and after four minutes light will turn yellow to signal that you have one minute remaining and when thet light turns red or five minutes has expired and we ask that you please wrap up your testimony. We will let the entire panel make their presentation before we moved to member questions. When answering questions please again remember to turn your microphone on. First ms. Durham welcome to the committee and youre recognized for five minutes for your testimony. Good morning. Im as mom imam from alabama. I want to thank congressman congressman comer and the subCommittee Members for having me here today. I lived my whole life in alabama and yesterday was the first time ive ever beenr, on a plane. It was scary but i was glad to make the trip. They say pregnancy is supposed to be a time of happiness with my pregnancy was filled with anxiety and fear because my employer sent home without pay right when ian needed a paycheck most. Thats not the way things should be. In march 2015 when i was 22 years old i began working for metro corp. Against an alabama prison into your emergency medical technician who is my first job after getting my certificate and i was excited to work. My plan is to gain experience and continue my training and eventually become a paramedic. About six months after he started working i learned i was pregnant with my first child. During my first prenatal appointment i was told i should lift anything over 50 pounds a standard acrosstheboard. Because my job required me to left patients and stretchers which weighed 100 pounds without them i knew i would have to ask world metro to reassign me. I didnt think was a problem because i knew world metro had a policy of giving lightduty jobs to the emts with the problem. At dispatcher job was available that would allow lifting. My manager told me the company only gave lightduty jobs to emts whoto were injured while working for you told me only option was to take an unpaid leave off absence. The h. R. Department backed him up and told me i had to go home but i was shocked. I wanted to work thatd i loved y job are they really wanted to be an emt and i needed my paycheck. All i could think about was how i was supposed to live for six months without income of any sort and how was i supposed to prepare for my son to come home . I was afraid for him and for me. I soonn realize they need help and call the lawyer in Birmingham Heather lind her. She contacted the company told them what they were doing was illegal and the recent supreme my side. Ision was on after that we went too the eeoc and then the courts. My experience them in the court system was tough. The judge ruled against me andnd in my case is on appeal. Iba so you helping me and im very grateful for them. The truth is i did want to hire a lawyer. I just wanted to keep working. After rural metro force me to take leave in september of 2015 i was unemployed for about seven months. It was hard for a job and i couldnt find one. I couldnt pay my rent and i had to move back home with family but as excited about meeting my due baby at birth was terrifying. I was worried about how i would revive for him and direct up credit card debts trying to take care of them and pay off my nt certification. I still have a hospital bill from when i gave birth in march of 2016 because i didnt have health coverage. I eventually found a job in a factory but it didnt cover overtime or benefits and i had to take a second job at a Fast Food Restaurant to help pay my bills. Recently ive had to change jobs again and im now managing a pet store. I still dont have Health Insurance and my son is on medicaid. My son is three and he is my greatest joy and i wouldnt trade being his mom for anything. I will never get back that time before he was born when a look at inc. About with when i was pregnant the worry and the fear. I Hope Congress passes the pregnant workers fairness t acts what happened to me was wrong. Women and families need a law to tell their employer they have different options that would help lawyers keep their jobs and employers should not be of the say no when a pregnant worker asks for a change but they should have the right to work it out. Power to helpr pregnant workers take care ofto themselves their babies and their families. I want to thank you for listening to my story today. Thank you so much for your testimony and for making your first plane trip here. We are glad you did. I nowow recognize ms. Wilbur for five minutes forti your testimo. Good morning. Im iris wilbur i represent greater inc. Thank you chair bonamici Ranking Member comer in the subcommittee for the opportunity to explain why strongly support the pregnant workers fairness act. Today we live in a world where businesses need every person who can work participating in the labor force. On behalf of our 1700 plus small medium and Large Companies are chamber represents this is the most pressing topic among our membership. We must do what is necessary to attract and retaina employees d sometimes that means working around personall situations like pregnancy. This is particularly true for the 50 women in kentuckys labor force who are of childbearing age. Businesses want Healthy Workforce is especially kentucky where health care is a major industry. Health care is a female dominated factor so we not only want to retain women workers but we want to keep them healthy and advancing their careers better last years we have worked with ourr membership and help passing legislation called the pregnant workers act a law designed to help combat discrimination and women in the labor force discrimination through we discovered amonggn membership ws most large h. R. Department have resources in the law but many small to Midsize Companies were forced to navigate complex circumstances like trinity and related medical conditions without the aid of a robust h. R. Department or inhousee counsel. Sometimes it tont present probls before they start and found the state proposal to be a strong probusiness bill that will have a positive impact on kentuckys economy. Kentucky law applies to employers with 15 orp more employees and how to provide accommodations for pregnant unless it constitutes an undue hardship for their employer. The kentucky law defines reasonableledsds accommodationsd provides businesses with guidance about what an employer is and is not updated to provide. Probusiness bill not only earned endorsements from the kentucky chapter of march of dimes united way paternal order of police and Nurses Association but passed with overwhelming bipartisan support in the General Assembly with over 80 of our legislators voting yes and signed into law. The bill was championed by republican senator bipartisan cosponsors but although we pass along contact me need a federal pw essay. It covers 15 counties five and seven indianan home to multistate distances and headquarters. Ability to uniform uniformity throughout the countrys important. This is why we urge congress to take action. Just like the kentucky law that muchneeded clarity outlined in the peak of the fa will increase the potential to resolve reasonable accommodation requests quickly and reduce the potential for costly litigation. We believe that as we to reduction for precisely this reason. Two states with these laws have reported litigation since the laws went into effect. For our members in serving these dollars are consistent and predictable legal landscape. It was an active this summer and their employers were forced to navigate a complex web of federal laws and Court Decisions to figure out their obligations and now this guidance is especially beneficial for the Smaller Companies we represent who cannot afford legal advice. The actual boost participation among women. In states like an techie which ranks 44th for Labor Force Participation we know one contributor abysmal statistic is a pregnant woman worker is forced out of job due to a lack of reasonable accommodations. By clearly laying the groundwork for an armed dialogue between employers and employees it work safely and effectively throughout the course of appearing zephyrs. It provides safeguards to be sure it will not cause financial harm to business or interfere with daytoday operations. When those accommodations provide us to listen on axis order to stay hydrated or with modified work schedule for lunch with an undue hardship standard that would exempt employers if the accommodation would cause significant difficulty. Bottom line. Ear to ask is probusiness and pro workforce we urge congress to pass the pregnancy workers fairness act. I now recognize ms. Mclaughlin for five minutes for your testimony. Thank you chair bonamici Ranking Member, remembers the subcommittee thank you for the opportunity to testify here today on the pregnant workers fairness act could my name is ellen mclaughlin, partner in the law firm of today testify on my own behalf i practice law exclusively in the employment arena for over 38 years as well as in state and federal court. A significant portion of my practice is dedicated to providing counsel on accommodations issues. I have coauthored comments to the eeoc post regulations the ada as well as the moment that and i coauthored comments to the dll and similarly proposed regulations in 2008 and this year to proposed using a new form. In 2011 i was one of two management attorneys in the country invited by the eeoc to testify at a public hearing on the issue of levison accommodation. The purpose of my tr testimony s not to take a position on this bill would rather to briefly describe the protections currently afforded workers were pregnant and raise questions that i hope the subcommittee will consider regarding proposed legislation. There are three primary laws at the federal level affording protection to pregnant workers. The pregnancy discrimination act which provides if an employer violates title 11 it discriminates against an employee due to their pregnancy. For worker is temporarily unable to perform hermi job duties dueo medical condition related to that pregnancy or childbirth the pda mandate an employer must treat her in the same way as it treats other temporarily disabled employees. The ada amendments act broadens the definition of disability such that pregnancy related restrictions may constitute a disability thus triggering the employers duty to reasonably accommodate and federal Court Decisions have specifically held that pregnancy related medical conditions are disabilities. Filing the fmla provides a pregnant employee can take five weeks of protectively than a 12 month. Meant new departments including on an intermittent basis. State laws approximately 25 and 27 now provides protection but they have varying definition about what a known limitation is ranging from a lot of references inhibiting exercise of the normal bodily function to the illinois law my home state the references any medical or common condition that relates to pregnancy. It is against the existing legal landscape that we have of this present theyll that talks about mandating reasonable accommodations and known limitations related to pregnancy absent undue hardship. The phrase known limitation is not defined in the bill. It is clearly different than the definition of the cover disability under the ada. While the definition of a disability under the ada may not be perfect it has been interpreted over period of years and employers are familiar with the standard to give in the bills language it appears any limitationon of any type or any duration may be covered as long as the employer is aware of it or the bill also does not address another key provision from the ada which is a reasonable accommodations statute and that, is essential job function. Under the ada and employer may not provide accommodation when an employer means unable to perform the essential function of the job even with the accommodation. By eliminating the essential function criteria the bill appears toss require that employers keep the employee onthejob regardless of their ability to continue to perform the core function. Finally the bill does not stress of the key issues that are explicitly addressed by the ada such as not including a defense for an employee may not pose a direct threat to the health and safety of themselves or otherss and unclear as to what happens with the accommodations sought by the employee to create undue hardship and whether the employer would then be able to put the employee on leave. In conclusion i believe the legislation does not address key issues and questions that are importantwo especially the definition for its most fundamental term known limitations and any reference to essential Job Functions. I believe the issues i have raised are appropriate as the Committee Works through this and considers the purpose and practical effect of this bill on the already complex matrix of federal and state laws on the subject. Thank you. Thank you for testimony. Now recognize ms. Bakst for five minutes for your testimony. Thank you chair thank you chair bonamici the Ranking Member comer and members of the subcommittee for the opportunity to testify today. Almost 41 years ago Congress Passed the pregnancy discrimination act to guarantee equal opportunity for millions of working women but im here to tell youms to pregnant women this country are still often treated as secondclass citizens. Despite the promise of pda pregnancy discrimination remains rampant in america and a key barrier to gender equality. Ashley impacting women in lowwage demanding jobs but family women of color and went pregnant womenic are fired or forced to wear them providing temporary job modifications that would allow them to keep working stay on the job and risk their health or lose their paycheck when they need the most. We have heard hundreds of these stories and workers we have spoken with over the years. Women like a former client a cashier from upstate new york who was told she should stay home to care a for pregnancy and rest. After getting in no lifting restriction even though she could have easily beenn accommodated she wanted to continue working with with no paycheck which he won the palme son had to her land family and friends when she prepared to becomech a mantra the Economic Economic wellbeing of most American Families today are dependent on working mothers. One man in ways that uncritical and come they not only suffer in the short term they forfeit other longterm benefits contributing to the economic inequality and exacerbating the wage gap to pregnant women are denied Workplace Accommodations their health often suffers from never forget when pregnant cashier was told she cannot carry a water bottle in the job hunt up in the er due to severe dehydration after fainting and collapsing on the floor. Other Health Risks Associated with failure to accommodate includeeol urinary tract infects painting preterm birth low birthweight and miscarriage as evidenced by the experience of our client who is on the front page New York Times story this year. It reinforces the stereotype that pregnancy and motherhood unemployment arep irreconcilable and defies the purpose of pregnancy discriminationhe act. The Supreme Court addressed the action of the pda. Unfortunately the multistep evidentiary framework established by the courtseg majority and the burden it places on pregnantt workers to prove their arm ploys potential as a mandatory and made difficult and often impossible for pregnant workers to succeed in court posts young to get the accommodations they need. The standards tone deaf to the realities of a medical workplace triwere pregnant workers lack Workplace Accommodations and lacked the luxury of time certainly resources to start up these questions. It offers explicit right for accommodations for undue commendations hargett. They prove aup coworker was accommodated first however most pregnant workers with medical needs are not disabled under the ada. There is a solution for bipartisan pw as they would address this gap in the law and fulfill the intent of the pda but specifically the pwc would require employees to make reasonable accommodations for employees have limitations spanning fromte pregnancy relatd medical conditions unless requested accommodation would impose an undue hardship. This same process in place for workers with disabilities. Accommodations. The same familiar process is in place for workers with disabilities. Pwa would ensure a worker cannot be forced to take leave if another accommodation can keep her working in healthy. The law would encourage a productive and formal dialogue between employer and employee rather than stressful and timeconsuming litigation. This is precisely what most premium women need and want. They need clear rights and Immediate Solutions to stay that allows them to follow Doctors Orders and stay attached to the workforce. Requiring a pregnant worker to jump through legal hoops to get a medically necessary accommodation is a fundamental deterrent to justice and equality. State legislators on both sides of the aisle have recognized the need to take action. There are 27 states from new jersey to kentucky that provide it. We see these laws are working. Thanks to new jerseys law, a Public Employee was quickly able to follow her Doctors Orders and return to work in a light duty position. States have improved conditions for thousands of women. A healthy Work Environment should not depend on luck or location. The pwfa would ensure pregnant workers in every corner of the country stand on equal footing in the workplace. No one should have to choose between her job and a healthy pregnancy. It is time for congress to step up and pass critical legislation. It is long overdue. Thank you. Thank you for your testimony. Under Committee Rule 8a, we will now question witnesses under the five minute rule alternating between parties. I recognize myself for five minutes. Ms. Durham, i understand you demonstrated to the court your employer was accommodating your similarly situated coworkers, who had similar light duty lifting restrictions but did not offer the same restrictions to you when you are pregnant. How did you feel when you learned you proved others got accommodations, it wasnt enough for you to win your case . Honestly, that felt very discouraging. That felt like a misunderstanding. I contacted the lawyer in birmingham. The original intent and what we had done was send them a letter to clear this up because it seemed like it was a big misunderstanding. They were already accommodating others who had restrictions. Is this expenrience common and how would this act address issues she faced in court . Unfortunately, it is all too common. In our recent report, long overdue, we found in over 2 3 of cases, workers are losing their cases and in over 70 , they are losing them because they are unable to identify a sufficiently valid comparative. That is a real barrier to equality and justice for pregnant women. Another worker, cassondra, her case really stands out. She worked parttime loading and unloading boxes in tennessee. She requested light duty per Doctors Orders and the Company Refused to accommodate and pushed her out on unpaid leave. She presented to the court a spreadsheet of 261 other employees who were provided light duty and pointed to a coworker who was provided. The court rejected the evidence since the spreadsheet did not have detailed information about other employees ability or inability to work. Therefore, they were insufficient comparatives. This is an insurmountable and extraordinarily difficult burden for a pregnant worker to meet. Thank you. Ms. Baxter, i want to follow up on testimony. Ms. Mcglocklin was expressing concern about the pregnant workers fairness act, the use of the term, known limitations. She stated the phrase is clearly different than the definition of a covered disability under ada. I wonder if you could take a minute and respond to that concern and what pregnancy related impairments disabilities have the courts not deemed covered under the ada or the Amendment Act . How is the pwfa addressing this . The first question, yes. The intent of the pregnant worker fairness act is precisely to incur coverage for pregnant workers with limitations or medical needs stemming from pregnancy that do not qualify as covered disability under ada. Those limitations could jeopardize health, but are not deemed disabilities at. Yet. Please note, pwfa borrows familiar standards from ada, like reasonable accommodations on undue hardship and process. The fundamental nature of the law, the fundamental framework is similar. Covered disabilities, no, it is not in the pwfa context precisely because those are the women, pregnant workers are often not found to have qualified disabilities. To answer the question, about the ada and who is covered, we have seen courts interpret ada, even though it was amended in 2008, and i will say there is a pool of workers and i have been courts that have ruled that there are workers with pregnancy related complications that should be covered under ada but there are a lot that we have reviewed that are not. It is quite alarming. For example, tonya oliver from pennsylvania had highrisk medical complications associated with highrisk pregnancy from triplets, needing surgery at birth. They said the adaaa did not protect her because highrisk pregnancy was not enough. Another woman went to the er and was diagnosed with a form of morning sickness and a low level of potassium. The court said it was not a disability. Jennifer experienced complications of bleeding at work. In 2016, the court said she failed to show her pregnancy related complications constituted a disability under the ada. That is unacceptable. Those women need clear rights to accommodation so they can follow Doctors Orders and stay healthy and on the job. Thank you. My time is about to expire. I thank you for bringing the business perspective, ms. Wilber. That was part of the conversation when oregon passed the bill. I dont have time for a question but i thank you for that perspective. I yield five minutes to mr. Thompson from pennsylvania. Thank you madam chair, thank you ladies for being here. Really important hearing and topic. Ms. Mcglocklin, thanks for being here. Discrimination of any type should not be tolerated. I strongly support federal laws that protect pregnant workers such as pregnancy discrimination act of 1978 and the ada. Pda forbids this termination based on pregnancy when it comes to any aspect of employment and furthermore, ada requires employers make reasonable accommodation for individuals who have a physical or mental impairment, one or more major life activities. That includes performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting or bending. Pregnancy is not an impairment itself. Ada covers impairments related to pregnancy which can affect major life activity. Under ada, employers may have qualification standards such as physical, medical safety and other requirements that may impact negatively some individuals. Is there a provision . There is not. What is the purpose of the ada provision . Under the ada qualification standard, would basically mean you have a job standard that applies equally to everyone. It may have an impact on a protected group of under ada, disabled individuals, then, the Employer Needs to make certain that standard is jobrelated and consistent with business necessity. By way of example, if you had a Police Department that required all officers to be able to respond to forcible arrest and perform Job Functions, that is a very physical attribute and may have an impact on someone with a disability. Likewise, frankly, may have an impact on a pregnant worker who was unable to respond to their essential function of responding to a forcible arrest. The qualification standard is very much like the central job function. It is a different way of putting it in terms of impact but not included in this current bill. Hr 2694 includes the term, known limitations, as we have heard relating to pregnancy. How does the bill define known limitations . This is one of my big concerns with the bill. Known limitations is not defined. If it is going to be defined as not a disability, physical or mental impairment substantially limiting a major life activity, the ada definition, what is it . Employers need to know that, both the employer and Employee Community Going Forward understand what the obligations are. Are there any restrictions to these limitations . There are not. Outside this bill, is this a welldefined legal term . I think you can tell by the various definitions that the states have used, that it is not. All the states use very different words to express what they mean by nonlimitation. Known limitation. As far as i know, it is not a term that is known by either employer or Employee Community. In the effort to prevent discrimination of pregnant workers, which i am always supportive of, does hr 2694 improve clarity for protections of these employees or does hr2694, in its current form . In its current form, it is missing key terms. The definition of known limitation, essential Job Functions, qualification standards. What if the pregnant worker is a direct threat in certain safety sensitive job to the health and safety of themselves or others . Because it could be improved, it is not as clear as it could be. Once again, i want to make sure we do everything we can to prevent discrimination for pregnant workers. It is incredibly important. It is important enough that we get it right. I am not sure hr 2694 in its current form currently provides that type of clarity. Thank you, madam chair. Yield back. I now yield five minutes to the doctor schrier from washington for your questions. Thank you, madam chair. I would like to submit for the record a letter from the National Womens and Childrens Association endorsing pregnant workers fairness act, into the record. Without objection. I had a highrisk pregnancy complicated by advanced maternal age, which i call, elderly mom syndrome at age 40, and 24 years of type 1 diabetes. I worked until two days before my csection. I was fortunate that my employer allowed for minor accommodations, very minor, that allowed me to continue to work. We need to remember, women are half the workforce. I would add to that, they tend to do better in college and are excellent in their jobs. 75 of those women will become pregnant at some point. It should be plainly obvious that we should support pregnant people in their pregnancies just like we should support childcare and public education. This is how we make our society better. Health care is widely understood, preventative measures and addressing small issues before they escalate our ways to lessen the cost of care. Hospital bills cost between 5,000 and 11,000 just for a pregnant regular delivery plus the costs of preparing and taking care of the baby. It costs all of us when we dont do that and when the baby is born at 24 weeks and requires months in the nicu. It costs us all when a fetus is exposed to toxins in utero, which may need public support for the rest of their life, because we could not protect the mother from an unhealthy environment. It costs us all when we lose our workforce. Pregnant mothers are not welcomed and supported in the workplace. My first question, thank you so much for sharing your story, and i am so sorry for the pain and anxiety and the Financial Hardship you had to go through, really unnecessarily. I also had a highrisk pregnancy. In your remarks, you discussed how losing your job did not just affect planning for the birth but also your plans to support your child longterm. There are a lot of costs in pregnancies that are not related to the birth. Diapers, doctor appointments, etc. Would you speak to your springs, what did you have to do speak to your experience, what did you have to do to support your son . Trying to keep up with that pay and Everything Else i need to support him. I have been fortunate. I have a good support system back home between family and friends and i have gotten several gifts, handmedowns and help in that department but it has been hard. Childcare in of itself is expensive, even in my state, where a lot of cost is lower. It has been a rough trip. We take it day by day. We do what we have to do to get there. Thank you. Thank you for your work to strengthen protections for pregnant workers. In your remarks, you stated 2 3 of women have lost their claims post 2015, young v. Ups. Heavy lifting can result in preterm births, exposure to environmental toxins can result in harm to the mother and fetus, pregnancy induced hypertension can have devastating outcomes including Maternal Death. They use to say that pregnancy was like having one foot in the grave. How will adequate accommodations improve the life outcomes of the pregnant worker, and do you foresee a direct relationship between Maternal Death rates and pregnant Worker Protections . I think that, time and time again, we see how affording pregnant workers temporary a combination serves to keep them healthy, maintain a healthy pregnancy, and prevent complecations down the road. Keeping them out of the hospital, exacerbating Health Care Savings costs, which come as you said, minor component temporary accommodation, whether it is a stool, extra bathroom break, temporary relief from heavy lifting, which is not a disability, but is often something that arises from pregnancy, where women dont have a disability yet. But why should a woman have to risk her health and potentially develop a complication or qualified disability in order to trigger the loss protection . It defies common sense in a time where we are so concerned about maternal health, especially for low income women. We should be doing everything in our power to make sure these women can maintain healthy pregnancies and prevent complications before they start. Thank you. Im out of time. I now recognize the Ranking Member of the full committee, dr. Fox from north carolina, for five minutes. I want to thank our panel. I want to say that i worked when i was pregnant, up until the day i delivered my daughter at midnight. Actually went to class that night from 7 00 to 10 00, and then went to the hospital at midnight, so i was very was very active until the moment she was born. You just said the pregnancy discrimination nation act. Release laws broadly written to cover a wide range of circumstances. And work protections provided to pregnant workers. I do think both of these laws were very broadly written. Most young, individual, what a proof that there has been discrimination. More so, the 88 aaa, back in 2008 when it was amended. And i think it is best said an article that i did site in my writtens testimony. This was by john c williams. A set of cool water. Pregnancy accommodation after the ada amendments act. It basically focuses on the fa fact, of the minutes act, they did away with the duration of requirement. There is a specific reference to that in both eeo see guidance on pregnancy discrimination as well is impairments of shortterm duration, on six months, can be impairment. You combine that with the expansion of the definition of nature live activities to edge major more activities such is bodily function. You put all of those together and pregnant workers with limitations even if they are of more shortterm duration, are coveredd disabilities. That is borne out by cases of certainly by thec law is it exists. I want to see from the very beginning i believe that all members of congress, democrats and republicans, want to see all workers protected from any harm that could occur to them. Especially pregnant women. I think our record proves that. Na. Mclaughlin, hr 204, no limitations related, pregnancy and childbirth related, your testimony notes see no limitations, they are not defined in that code. A detailed definition in the eba. If they is enacted it, will they the course define known limitations. With the remorse or to deeper workers and employers if congress defined this key term in the bill. And certainly be more beneficial for congress to define no limitations, so that moving forward, is both the employers and employees, know their rights and obligations on this law, they know that term means. While there is a provision in the bill that talks about within the ten years after an enactment, the eeoc shouldnt implement regulations two years, is the long time to wait. My fear is that lack a definition will result in litigation just is we had with the ada was originally passed. About what the definition of disability was. Thank you. To qualify forar this, a worker must be able to perform the essential functions of the job with a reasonable bull accommodation. My understanding is and does not include the provision and what is your view about this discrepancy. Think is one that needs to be seriously reviewed and from my perspective, should be included in any bills that passes so that if a pregnant worker is accommodated, they still need to be able to perform the basic essentials of the job. And if they cant, to what indication is the employer permitted to do. For example, to put them on leave. That seems to be prohibited by the bill in its currentpa staten monday circumstances. So i think the essential function concept is critical. Thank you very much and i yelled back. I now recognize is hayes, from connecticut for five t minutes. Thank you madam chair, for holding this hearing and thank you to all of the witnesses who are here today. Is i am listening to all of you talk, i am reminded of my own experiences is a working mom. I had an uneventful pregnancy. I was not all there, [laughter] or i did not have any complications. What i thought was a reasonable accommodation, became a tremendous inconvenience is a classroom tshirt and all i need it was to go to the bathroom. Which i thought was a receipt reasonable request to askr what you can imagine in high school with a thousand kids. I was often told we only have two more. Before its time for lunch. Did i was thinking i have to go right now. That was something that i dealt with which led to further complications with bladder issues. So it started out is an uneventful pregnancy, and ended up having complications is a result of this minor accommodation not being met. I delivered my sono in the last day of school. So all i wanted to do was work. Part of thatak was nothing i was braver strong altruistic. I was need it thinking that i need to seet my time for the other side of this pregnancy is cant afford to be that went out work that went out pay. I absolutely. What i dont get, is the idea that pregnancy is some kind of unforeseen limitation for our country. For company. The majority of women work in the 75 percent of those women will likely become pregnant while working. I want to get to the point about the ability to perform essential Job Functions and what that means because were hearing a workers and the need to be treated equally. I dont think this is the quality issue. Its an equity issue. Less mature, men cant get pregnant. So the only people affected by this, our women get pregnant on the job and are asking for something that other employees will never have a need for. Would you mind responding, im sorry one second. Always forget to do this. Manager, i have to sit documents i need to submit to the record. Document from the National Womens law center and a letter from senator Elizabeth Warren in repport of pregnant women some fairness act. That went out objection. Would you mind responding to the concerns around no limitations in this bill. In my experience, you heard from just the people on the animal, every pregnancy is different. How do you define the experience of a pregnancy is a known limitation. And most of the states that we have worked in, it is been rather easy to define and to be able to explain that pregnancy, it itself its not a disability but limitations for medical needs arriving from pregnancy could trigger the need forrk an accommodation. So the law uses the terms, so the no limitations, to reflect the scenarios where there are physical or medical needs for an accommodation. Must be known to the employer. You with the essential functions question, was that related. Yes. Because i didnt hear going to the bathroom in there. You make an important. That pregnancy is only temporary. That is for sure, we know that. So needing to have some essential functions temporarily excused, for a limited duration, is reasonable. Fo fact, there are some cases in the ada context at fink just that. Because we have a reasonable, reasonable timeframe in which some instances, and certainly not all, when a woman wouldnt be able to perform the essential functions of her job. Do you really think pregnant worker should be sick home to lose her Health Insurance if she couldnt lift 40 pounds over her head for aor temporary time. Some of their coworkers often want to help them, that is what we see all of the time. The coworkers want to work it out. And then hr gets involved and points to a piece of paper and says oops, you cant do the essential functions of your job. You know out. That doesnt make sense. We need a a way to keep pregnant workers parking. And on occasion, if the need it. Transfer, or because in the near future they will be able to perform the essential functions of the job. Is should be workable. And again if this is all undue pressure, the employer need not provide the accommodation. But the law would require the employer to consider it. Rather than just pushing the pregnant worker out. All of the devastating economic consequences come from that. Thank you i see my time is about to expire so i will yield back. Thank you chairwoman, and they get to all of our witnesses who are here todayce to discuss the really important issue. Discrimination against pregnant women in the workplace, is an indivisible practice and i am very pleased to see congress that takes such an active role in ensuring our laws provide robust action for pregnant workers. I was proud to recently introduce the pregnancy discrimination Amendment Act with my colleagues tim hallberg and ann wagner and jackie. Be would enhance protectionskp r bringing women in the workplace. We all agree that work pregnant workers should be protected reasonably accommodated in the workplace. For the changes, be considered in the law. Take those step back to look at what has and what has not been working. The 88 includes definition of disability. Hr 2694 need to include more guidance and what limitations are covered are not covered by the bill. Again i think that would be extremely helpful to understand if no limitation is i am hearing today. Doesnt mean any and all limitations always. No matter how short and if that is the intent of the bill, it would be very helpful certainly, for employers to understand that. That phrase, no limitations, known limitations. That is not well defined. And it should be defined. It also incorporates the definitions of reasonable accommodation and undue hardship from the ada. Does hr and if this bill is considered by the committee, should other features of the ada, be considered for inclusion in the bill. Bill does reference a reasonable accommodation and undue hardship and says it should be similar to the ada. It references using the interactive process. That is really where it stops. Other thanef damages to the sche is the same. What it should include because theyre both accommodation statues is the benadryl definition of known limitations, as well is reference to essential functions as well is a reference to the direct threat defense and qualification standards. That would be a im going start to really pattern the ada. It may be different with those concepts are theo same. Theyre both accommodation statues and i would just end with staying, and employer and employees are used to working with the concept and definitions on the ada. Thank you that is very helpful to provide that feedback and i yelled back. I now recognize ms. Miss leave from nevada. For five minutes for your questions. Thank you manager. Before i get started i would like to enter into the record, letter from the National Partnership for women and families and support of this bill. That went out objection. This bill is incredible personal and i am the mother of two children. However, ive had several unsuccessful pregnancies and in fact, when i have my son i spent three months on bed rest before he wast born. I was in dehydration that was cited that push me into premature labor. There were other factors but i sit here today is a witness and staying off of your feet and staying hydrated or avoiding heavy lifting to be the difference between having a healthy baby or going into premature labor and possibly having a severely premature baby which was what i was at risk of. Just thinking about 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 a choice between ignoring a Doctors Orders or keeping a job and sadly it is low income families that are most vulnerable when they simple protections dont exist. That is why pregnant workers print fairness act is so important. In nevada, where i come from over 64 percent of women are the primary or co breadwinners. These women are more likely to work low wage jobs in the women is more likely to work alone wage job than a man. She didnt receive accommodation and a is their families that are forced to live that went outt Health Insurance or income during a time when the need it the most. Current legal loopholes have already been highlighted here today. It is clear that workingng moths and businesses need the clarity to ensure that pregnant women can be accommodated and these accommodations are simple like a stool to sit on and an extra bathroom break and perhaps a larger uniform to accommodate a growing baby and even carrying a water bottle. Working women who are pregnant dont have the time or the resources to take these matters to court and work through this litigation to receive these accommodations and first of all, i am sorry that you had to go through that process and i personally get frustrated thinking about the live that you could have had. And in the job that you trained for had these accommodations been made to you. So thank you for that testimony. I appreciate it. You describe how kentucky had a version of this bill, and it was supported by businesses to recognize the economic benefits of providing clarity andth uniformity on the issue of reasonable accommodation. Can you tell us what were the employers initial worries about the cops of providing these accommodations. This was sort of a long journey for chamber of commerce and i always like to set the stage, we have heard about these issues across the country and some folks had been approached our chamber to explore this issue. So after some conversations among the memberships of all sizes, all different sectors of industry, we knew pretty quickly that we had a whole list of questions that we need it this dive boat clarity. We do have a bunch of questions, budget concerns, a lot of uncertainty that means dollars. That in a bad way. Being able to work on the kentucky legislation to provide the framework of what it employer is in its not obligated to provide with accommodations was extremely significant. In my testimony earlier, Small Businesses that cant afford are in Hr Department or a legal counsel, they just want to run their businesses. Being able to work on the kentucky legislation with the General Assembly, to define the undue hardship was extremely significant. Because we are talking about providing a stool. Or 4000 total, nor not. Were talking about providing access to water. To having a water bottle at the station. These are low cost, reasonable accommodations and guess what, they are temporary. And were able to pass attack, not only to lawmakers butut also the Business Community, that the feedback , were already sort of doing this because we want to do the right thing at theov busines community. The thing is some framework and state statues to clearly define when we are or are not obligated to do these things, that is a welcome addition to kentucky law. Gthank you. He also highlighted the economic benefits of helping women remain in the workforce and the benefits of employers when women are able to continue to work safely. How is ensuring pregnant workers having reasonable accommodations a tool to increase womens Labor Participation and what does that mean for the economic outcomes. Not just to both businesses but also their employees. Sewing kentucky,ab unfortunately we have one of th. Lowest workforce participation rates among women. We looked at ther population tt are currently in the labor force, we know that over 50 percent of them are of childbearing edge. These are conversations that are happening already. So we ask ourselves particularly of this chamber of commerce, one of our Top Priorities and initiatives from the Business Community is the. We need to have certainties and statutes to allow employers to know when they are orce not obligated. Also to ensure that women that are pregnant or new mothers, that want to work or are able to work, we think this is the reasonable particularly at the federal loophole to provide the uniform and clarity across the board. That is significant particular for our chamber of congress. We represent five counties in southern indiana. We need to have clarity across the board that would be significant. My tame is up so i yelled. Thank you everybody including my colleagues for sharing stories i think its a im going but opportunity to understand what issues could be addressed in the modern workplace. Miss mclaughlin, there would be times when some employees will be unable to perform the essential duties of their jobs even after reasonable accommodation. On hr 2694, what are the employers obligations in that situation. You just dont really know because essential functions its not a term in the bill. Sun is very unclear if somebody cannot perform the job even with the accommodation of what should happen. J is in a situation where there is a mandate similar to the ada, where the accommodation of the last resort on the ada is job reassignment. Ha if you to a job, that pays less or the payr is less or is it tt you put somebody out of leave. You have to make work for that individual. Monday employers i work with, dont have to make work, thats what we call live duty sometimes. Moving essential functions. We try to assist somebody to perform their essential functions butm sometimes theyre just unable to even with the accommodations. Just on anywhere in this bill. It is to be further clarified including some of those things that i just talked about. Job reassignment, putting 70 on leave. His on the feedback what i think i heard, the ada has a clear and easier to understand set of accommodations. The processes and this bill lacks that . Is that right. This right. You ran through some options on the ada. I can be reasonable accommodations on the first year, among the things its can e done there are reassignment, accommodation if it current job duties at work, i reassignment. Thats always the last resort, the accommodation. The goal is keep somebody in their position. With the leave come after that then. The way i would tear it, is can wee accommodate, if not, we try to reassign, if there is an open job and the individual his other wise qualified for the job, and then if anther of those tour, it would be leave. There has beenn some testimoy today regarding the loss of benefits somebody was on fmla. What is the Legal Framework there look like. On the fmla, you have 12 weeks of job protection. We do go out on leave and there requirement that the egdividual his Health Insurance needs to remain in effect. For thejo all of that 12 weeks that the individual is on leave. He could be a continuously or it could be intermittent leave. Student aphis 12a. , theres a job protection. It sounds like theres no particular benefit protection either. That is correct. With there be a cobra opportunity i would assume. There could be a cobra triggering if it. Monday employers i work with we just continue to have the individual Health Insurance remain in effect. Is if they were activelyty employed. But that is not a legal requirement. I want to put words in your mouth but i i get the sense that your c concern, you said some of this but you know concerned about the leica definition with the terms and the likely higher rates of litigation that that iwould trigger. Am i staying t that right. You know. I thinkme any time in, when this are unclear, and people fight about it. Then people bring flames and we want to avoid that. Thank you very much manager i yelled back. Thank you madam chair. On present law, ms. Mask, differentt workers proceeded differently. For example one employer makes accommodation for similarly situated worker, with the next employer, does not provide the same accommodation, on present law to the pregnant women different rights to the atcommodation. Right now we are in the world where monday employers have clear policies and provide accommodations for workers with disabilities, with onthejob injuries and other scenarios. The pregnant workers hired offered those accommodation protections. So we are now world where pregnant workers are not achieving least status. Equal opportunity and the pregnancy discrimination actun intended with the law was impacted to open doors foron pregnant workers and to ensure fairness and a loophole playing field. If you have similarly situated employee then you would get the same accommodations to that employee god. In my right. For similarly situated then you have multi step, pregnant worker has to prove an employer has to have his showing and then the plaintiff has another showing. The pregnant worker needs to produce evidence of intentional discrimination in order to get a wsic accommodation like a stool ir want a ball an extra bathroom break to permit a huge. They could lose. Not only does it see you need to provide comparative but if you your self just need, often the case with organs that we hear from they dont have a comparative. They may be new to the job. For lowwage women they dont have full access to the Company Policies offer their arent any that are wheeling to share with their workers. What that means they cant. To a comparator. They just need their own medically necessary accommodations in their running against the clock to get one. And theyre out of luck. They often find themselves unlocked. Doesnt required to find o similar situated employee. No. The americans with disability act bypasses this or it is a journey of proof and it simply says you are entitled to a reasonable accommodation absent undue hardship to the fire. Figure out if you can make it work, that is the standard. How long has the disabilities act been around. Since 1990 and bid was amended in 2008 with bipartisan support. Reasonable accommodation. And all the states we have worked with and legislatures, everybody says this is the familiar, this is going to provide clarity for hr because they know where reasonable accommodations and undue arches mean. There are already doing this and 88 context. And somebody unable to perform the essential elements, even with an accommodation was happens. If someone is unable to perform on the pregnancy, on the american disabilities act, somebody at unable to perform, theyre not qualified, there typically, put out on leave. Ms. Wilbur, he reminded us what the value is having one federal standard. He of the law in kentucky a different law in ohio. Who would be the value of one federal standard. We work in a global cut economy, where we are based is very fortunate to have multistate businesses and Corporate Headquarters in a region. Being able to have the uniformity at the federal loophole is significant. We are committed to working on similar legislation in the future state right across the river which we coverer by southn indiana. There are 27 versions that are outt there in 27 states that hae a version of this. Employers and businesses that i represent that have that multistate present, federal uniformity and clarity is significant. Statement for the record. March oftted by the dimes in support of the legislation introduced. That went out objection. I now recognize Ranking Member of the subcommittee in kentucky for five minutes for your questions. Thank you. Ms. Mclaughlin, i certainly concur with chairwomann said. We all want pregnant workers to be treated fairly. Your experience and employers have policies to provide reasonable accommodations to pregnant workers. Worknday employers that i with, have extended the reasonable accommodation policy utilized the ada to pregnant workers. S. Using same framework on the ada for the pregnancy accommodation. What approach do employers take when pregnant workers seeks anac accommodation. There is a request for an accommodation, and the interactive process begins. There is the ability on ada and i would assume it should be also on thisss bill, to have medical information with respect to the condition that would be necessary with pregnancy but more so when accommodation is through it. Work his dialogue and the individual as well is the healthcarea provider in her testimony, thedi careful balance was strucl in the rights to workers with a disability and the recognition woat employers cannot remedy every situation that arises. Hr 2694 strike a similar careful balance . Things very difficult to tell likely because in my opinionon there are so monday terms that are critical that areif missingr not well defined. I get back to the no limitations. We cant tell is the balance and start like the ada was struck. A balance was struck to in between and weather the law covers anything and everything oran doesnt. It is simply not clear from the way it is written. What provisions of this proposal should be looked at to ensure there is a balance. I could take them off here. No limitations definition, essential functions and it would be helpful to know if somebody cant perform their essential functions, even with the accommodation, doesnt near the ada with respect to job reassignment and the leave. Direct threat qualification, at some of key terms of the ada would be very helpful to be in this. So that there is clarity for everyone. Ms. Mclaughlin, the edo state and enforcement guided from regnant see and discrimination, that the ada can apply to pregnancy related impairments that arepr temporary. Do you agree. Yes. Is the ada, and amended in 20 oh eight, apply to temporary impairment. It absolutely does. It in fact there is aas regulatn that states, and impairments with fewer than six months, can be disabilities. The reason that was put in there, specifically was because there were some other language in the act about regarded is disabilities they mayday sound like that was six months and above. This particular regulation to me makes it very clear that temporary impairment can be a disability. Last question is my friend and kentucky recently enacted the pregnancy acted worker with protections for them. Are you familiar with this. Yes. Are the differences between the kentucky law in this proposal. Dark. The kentucky law references employees own limitations relating to herth pregnancy so t is a little bit different. But it does provide specific examples is to what a reasonable accommodation should be. I think most importantly, it flushes out undue hardship. An estate than a duration of the requested accommodation may be a factor to consider. As well is similar combinations ave been made to nonpregnant workers. It has monday more definitions built out in it. I really appreciate the testimony in a chair, i appreciate the hearing today. I think that a lot of useful information has been retrained from this. I look forward to working to ensure that all pregnant women are contacted in the workforce. With that i yelled back. Thank you. E d i recognize moving to the members who are here who are not of the committee. I recognize congresswoman mcbeth from georgia for five minutes for your questions. Inc. Is much better chairwoman. Thank you to all of the witness who are here today. I myself, havent been a Flight Attendant before he came to congress, i do understand specificn about workplace safey and i can tell you that having working in the industry, there are no particular Safety Measures put in place for Flight Attendants that are pregnant. I myself continue to fly while i was pregnant. And after however, three miscarriages and a field. My dodgers took it upon herself to see stay home. You can no longer work. I was placed on shortterm disability. There are no specific guidelines given to pregnant women and pregnant workers in the Airline Industry that i am aware of. Women shouldnt have to choose between a healthy pregnancy and a paycheck. Almost 64 percent of women are the primary soul or co breadwinners and their families. Right now, women can essentially be fired for being pregnant. I knew workers during this will ensure that the health of our women and their babies does not come at the expense of economic activity. Our Economic Security, especially pressing for low income women is it was mentioned. Monday of whom work on the feet and physically demanding jobs and cannot afford any lost wages. Twentyseven states a very laws that require certain employers to provide accommodations to pregnant women. And its time for federal actions to guarantee all pregnant women are protected from discrimination. We want support working mothers. I think has been established here today. This is the bipartisan proposal that protects pregnant women to allow them simple accommodations. Accommodations that will make our women safer andan there children healthier i do have here a letter from a leading private sector employers and support of this legislation. I asked for a unanimous consent for this letter to be entered. Thank you. My question is for you ms. Wilbur, thank you so much for your testimony today. I believe that clarity in the law is im going for both employersy and for workers. Providing these protections not only morally right, but it makes im going business sense. I like to talk a little bit about the business of this act. How woulds federal legislation provide legala certainty and decreased legal fees or smaller and midsize employers that may not have legal departments. Thank you for your question. Yes, employers and companies of all sizes across the board demand clarity. Is you mentioned in your question when we have a certainty inn the market and in the workplace, that means dollars for businesses. That is notio in a im going wa. So being able to have the clarity and how to handle ther situations involving pregnancy and childbirth and related medical conditions, it is essential. Monday employers and people that run small to midsize businesses want to focus on making investments in their companies and most are not experts onth dealing with conditions related to pregnancies. So having this guidance where it is treated separately from the ada and this legislation is separate, for that particular reason and is important that like kentucky, within state statute clarity and and continue to work in other states as well. But helping fort federal legislation to stepk into prove that clarity across the board for all states, but for us, we work on this issue and we learn that there is data showing that we have stated they have amplemented state laws, they have not seen increases in litigation costs or filings have actually seen decreases. Kentucky just tesla and became a fistula the summer and is now implemented is still fairly new but the sky is on call and we sort of been over one run of cases being filed. Warren reasonable pregnancy accommodations being requested. So that is why we are confident and fully support the pregnant workers pregnant fair notice act. How will it help to reduce litigation. Suffered very, just is i mentioned being able to have that clarity. So employers know when they are and are not obligated to provide reasonable accommodations. The federal law provides that. We discussed today, so being able to lean on undue hardship is significant further employers. At the end of the day, these are temporary. What are the workstations, still sit on and so employers know that means, the standards in reasonable flexible standards, we are confident this will reduce litigation. Thank you very much and i am at a time. And recognize another member, ms. Miss underwood from illinois for five minutes for your questions. Thank you manager for callin this important hearing and think you do all of our witnesses for joining us today. So 41 years, the pregnancy discrimination act of 1970, becamew law. Despite his passage, women today continue to face discrimination and unfair treatment due to pregnancy. Women are denied access to reasonable accommodation they threaten their health of the pregnancies and they can even list of jobs im a nurse so i feel like its really critical that we have todays discussion around todays discrimination on the health of the women in her pregnancy. Weather some of the physical aquirements that pregnant women have been subject to. Can you clarify we certainly have seen the allegations that people are not being given like schools to sit on. So what kind of accommodations pregnant womens need. More frequent restroom breaks some modification of work schedule temporary. Livebr duty, water bottle, is in most common. These are some that are need it to prevent further complications down the road. Those are the most common types. Again i just want to see this is an interactive process. And you hardship exist. If the accommodations are not available but wait we are really talking about our temporary minimum accommodations. Can you tell us anything about other things. We have heard from so monday women. I really bring this womanan her, who have sufferedol profound emotional stress from being forced off of the job and worrying about how are they going to put food on the table to feed their families. Stay afloat and sink into a poverty hole that they cannot climb out of. Then they become mothers and find extraordinarily difficult time trying to get rehired in an already pretty brutal, job market. Wein wonder and this is really creaky trigger, gender wage gap. So ensuring that women for their own health or the health of their pregnancies, and stay attached to the workforce are critical income is absolutely essential. So today women make up about half of the workforce. And 71 percent of the mothers actually work outside the home. They are usually crucial into the economicc family security. You said that there is certainly an impact on the gender wage gap. Are there othere economic impacs you would like to share with committee today. Economic inequality is a whole. These are different proportionally women lowincome women. Fmlam, protects and provides soe protection. We need to be clear that most of these, most of the woman that we are talking about are not covered by fmla. Mostly covers workers in higher waged positions. 40 percent of workers arent covered by the law. Those are unpaid jobs. Regardless. But if you are lucky enough, to be covered by the avenue millay, but when they areif forced out f fmla leave, they are also often forced to use fmla leave whenever they have before they give birth. And then what, and they have either they are fired or they have no time to recover from childbirth. In no time to establish breastfeeding. It becomes really impossible to be able to support themselves and their families that went out risking their security. So that sounds like an additional loophole of stress. We know there are health complications. Our physical stressors, Mental Health publications. Are you familiar with any of bhese if theyre not provided these accommodation. Yes,a we have, on my rest written testimony, and talked about what kind of research is out there that connects a lack of accommodation and health complications. A lot of those situations could simply be avoided and prevented if we guaranteed a right to accommodations that is currently available to workers. It is just essential that we do everything to ensure that for women. So that they dont have to suffer those longterm Health Consequences. We know that this is the potential Public Health crisis if wee dont pass this pregnant workers fairness act. I asked for consent to record this letter into the record. That went out objection. Thank you and i yelled back. And i recognize his records from tennessee for five minutes for your questions manager. Ms. Mclaughlin, youve expressed concern the pregnant workers fairness act application of the undue hardship provisions might limit the employers options and inherent testimony of state, section two of the bill suggest the employer cannot but the employer employee on leave. Even if an accommodation results in undue hardship. Would you agree that if pregnant employees put on leave, is an accommodation that the employer chooses that it should bet paid leave. Well, that would depend on Financial Resources of the employer. Some employers can afford it and sums cannot. Do you believe that a woman who has a job was pregnant was doing the most essential things on this earth, is to reproduce and keep the human species going, that went out that, none of us would be here. Do you believe that woman shouldnt get paid leave if the employer on a law or rule that you support suggest that instead of doing an accommodation on work, that the accommodation that best suits the employer is up with them on leave that they should not be paid. Llamas and interpreting your your original question was should the employer have to paya for leave. I would suggest that if congress feels that those types of leaves should be paid and i know there have been an introduction of bills in the past, that to me is something that that congress should mandate. Rather than t impose the duty to pay on the employer. What congress does in the duty and the employers. Online is to just think the woman should be paid. I dont really think in my personal opinion is relevant here. Mature opinion is the accommodation of provision is wrong. Because it doesnt allow the employer of the personal leave leave. If they put on leave and they dont pay them, the son accommodation. Is a penalty. At the end of the day, the Employer Needs to run run its business to and also accommodate pregnant workers for disabled workers and there are circumstances that believe is going to be unpaid. If the government were to intervene, and mandate paid leave for employers, weather it would be some sort of subsidy throughat unemployment or throuh the employer having to pay, but i really think that that is something that needs to be legislated. Thank you. In 2014, memphis and plant the next po plan. The subject of a major story in the New York Times concerning work conditions there in particular pregnant women which i would like to have entered into the record. That went out objection. Thank you. Former employee, brought her doctors note instructing that she do no heavy lifting. The supervisor did not accommodate the dr. Start no reassigned her to a different area. She continued doing her assigned work lifting boxes weighing almost 50 pounds. Is a result she suffered a miscarriage. What is an unnecessary burden to accommodate. How would they undue hardship standard become to play in the situation. Absolutely. So its actually part of why its who suffered Health Consequences is a result of being denied. It would be that the employer would try to see if there was an alternative way to honor her doctors note to her prescription. Who its not reasonable or constitute an undue hardship in the employer would need tono accommodate her. Oh what is happening is that women like tosha are being forced off the jobs or forced to risk their health. Because employers are simply not engaging and that interactive process. I just want to make the point if i may act to the wahlberg bill, any idea that that phil would make thek situation better, is just completely untrue because once again the bill requires pregnant workers to. To other workers. To find ay comparative. It basically pushes awo comparative framework in wrong direction. It creates important new definitions of how inappropriate from other statutes. We have to, we need a clear standard for pregnant women so that they can follow their Doctors Orders and remain healthy and on the job that theres an accommodation that they cant provided. If its an undue hardship to shouldnt have to. They shouldnt have to jumphe through hoops and prove discrimination and wait till the kid is in preschool or middle school until they find out if they can be in accommodated. It is is it too late. If the accommodation was leave, would youce agree shoulde paid leave. Is the better balance, is my colleagues, and advocates in the community strongly believe paid family leave. So that i think every woman in america should every parent, every caregiver, everyone should have access to a family and medical leave. Yes. Thanknk you. Are my michaela colleagues the materials for submission for the hearing record, must be submitted to the Committee Clerk within 14 days following the last day of hearing. Preferably in microsoft word format. Materials submitted must address the subject matter of the hearing. Only members of the committee or iatness may submit it and documents are limited to 50 pages. Documents longer should be incorporated via link. Please recognize the years from now, the link may not work. Again i want to thank their witnesses for their participation today. What we heard is very valuable. I it may be additional questions and we is the witnesses to please respond to those questions in writing. A hearing record will be held open for 14 days. To receive thoseri responses within that time. I remind my colleagues to pursuant to practices, they must be submitted to the Majority Committee or clerk within seven days and they must address the subject matter of the hearing. And we havent tilting statements, recognize the Ranking Members, and the tilting statement. Thank you manager. I again want to thank all of the witnesses for being here today. Both parties in congress to ensure that pregnant workers are protected in the workplace and i know on behalf of the minority conference, we are going to do everything in our ability to see that every pregnant worker is protected in the workplace and hope that we can continue Work Together with this bill to move forward and see that objective is achieved. I yelled back. I now recognize myself for making a tilting statement. Thank you again for being here, i am very glad that every member of the committee who is an extract in the committee. Women should be protected in the workplace. Far is it too monday are still denied accommodations despite more than four decades of federal law providing for equal treatment on the job. Is a witnesses explained, the accommodations can be simple and inexpensive. Not like the accommodations already required covered on the disabilities act. Some of these accommodations discussed simply providing seating and water and break times to use the restroom, pregnant worker should not have to choose between a healthy pregnancy and financial stability. Despite partisan pregnancy fairness act, is our opportunity to fulfill a promise of the pregnancy discrimination act and protect their health with an all being the Economic Security of their workers and their families. By clarifying the right to fair treatment in theit workplace ths legislation will finally guarantee pregnant workers and accommodations they need that went out fear of facing discrimination or retaliation and that went out waiting months or years to find out if the accommodation is going to be provided. This bill focuses on prevention and accommodation. That is a positive step. And again, this its not a partisan issue. Several state legislatures across the country including in the Ranking Members in the state of kentucky in an oregon have already passed bipartisan legislationan combating discrimination against pregnant workers. They found that the certainty is im going not just for pregnant workers but also for businesses. I hope that every Committee Member to your today canan agree that Congress Must act, not only in the bipartisan manner to provide all pregnant workers access to workplace gender equity in healthy pregnancies and financialpr security regardless of where they live. I look forward tor working with my colleagues to press this act and take those long overdue step on behalfc of pregnant workers and their families. With no further business, the committee stands adjourned. [backgroundd sounds] cspan2 washington general, live every day with news and policy issues that impact you. Coming up friday morning, black lives matter, and former Maryland Governor robert. 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