The committee on education and labor it will come to order. Well come, i know that and decorum is present. I know we are meeting today to hear testimony on age our 260 94, pregnant workers farm and act. I note, for the subcommittee, that mr. Mcbath and, mr. Cohen of tennessee are permitted to participate in todays hearing. Members who sit on the subcommittee and our president should have a force priority to, followed by members that only after all Committee Members can ask questions. Pursuant to Committee Rule seven, Opening Statements are limited to the chair and Ranking Member, this allows us to hear from our witnesses sooner and provide for all members of adequate it time to ask questions. I recognize myself for the purpose of making an opening statement. As a mom and a policy maker, i know how important it is to protect the Economic Security of pregnant women and working families. Unfortunately, our current laws are inadequate and many pregnant workers are placed on unpaid leave or forced out of work when they only need simple accommodations to stay on their job. Today, we are holding a hearing on hr 294, the pregnant workers fairness act. This guarantees that pregnant we will get reasonable accommodation to allow them to stay in the workplace. I would like to thank our panel. Also wondering Judiciary Committee chairman jerry nadler, the lead sponsor of this bill for taking time to join us. According to a better balance, 70 of women will be pregnant while employed. Women are in increasingly either the primary or cope red winners of many houses, and as a result, many work later into their pregnancies. In fact, Research Suggests that more than 80 of firsttime mothers work until their final month of pregnancy, i know i did. Pregnant workers meeting reasonable accommodation to protect the health of both mother and babies. This can range from providing seeding, water and light to do the two excusing pregnant workers from tasks involving dangerous substances. They did 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, they are often forced to choose between their Financial Security and their pregnancy. The consequences can be devastating to their health and security. It is also important to note that women of color are overrepresented in low wage, physically demanding jobs and are therefore disproportionately affected by a lack of access to reasonable accommodation. In 1978, Congress First recognize the responsibility to provide pregnant women with fair and equal treatment in the workplace. When they pass the pregnancy discrimination act. The law clarified that discrimination against pregnant workers is discrimination on the basis of sex, under title seven. Of the Civil Rights Act of 1964. This also requires businesses to treat pregnant workers as they would other physically impaired workers. 41 years after the passage of this act, federal law still falls short in guaranteeing that all pregnant workers have reasonable accommodations. Under current law, a pregnant worker must show that her employer accommodated similarly situated coworkers, a burdensome and often impossible standard to meet. Similarly, the americans with disabilities act covers pregnancy related impairment, but leaves women with less serious pregnancy related impairments, or simply need accommodation, without legal recourse. Even the Supreme Court decision and young versus ups, which affirmed pregnant workers rights under the pregnancy discrimination act as not provided workers or businesses the clarity or Legal Certainty they need. In fact, since young worse ups, 70 of courts have denied reasonable accommodations for pregnant workers. Pregnant women continue to suffer Workplace Discrimination at an alarming rate. According to a 2012 survey, 60 of workers have seen pregnancy discrimination on the job. For these women, being pregnant can be losing a job, being denied a promotion, or not being hired in the first place. Guaranteeing that pregnant workers have a reasonable accommodation in the workplace is a crucial step to eradicating pregnancy discrimination. Without for federal protection, several states from across the geographical spectrum have taken action to fill the void. My home state of oregon is leading the way. The state Legislature Passed a bipartisan bill to provide reasonable accommodation to act begins with no limitations related to pregnancy, childbirth or related medical condition, unless it imposed undue hardship. 27 states in the district of columbia and four cities at required employers with more than 15 employers to provide accommodations, bringing certainty to business, preventing policy disputes in keeping pregnant women safely on the job. Without a federal benchmark, we are left with a patchwork of laws that provide strong protections for some and no protections for others. We need to make sure that all pregnant workers, regardless of where they left can access the protections they need to stay in the workplace. That is why we are discussing the pregnant workers fairness act today. This bipartisan bill would establish pregnant workers rights to reasonable accommodations and guarantee pregnant workers can seek those accommodations without facing discrimination in the workplace. The fairness act allows them to take an important step towards workplace it under a quincy and the Economic Security of all pregnant and parenting women and their families. I welcome this opportunity to work with my republican colleagues to move this forward in a bipartisan manner. I request unanimous consent to enter two letters and you can send, another one from more than 100 groups in support of the pregnant workers fairness act. Without objection . I now recognize the member for an opening statement. Thank you madam chairman, and i welcome all the witnesses here today, including my friend, to many republicans have been committed to policies and law that empower all americans who achieved success. Discrimination of any kind of should not be tolerated, and no one should ever be denied an opportunity because 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 outlaws pregnancy discrimination. Employers must treat pregnant workers equally and fairly, and pass laws protecting foreign workers. The equal employment commission, primary federal agency that enforces civil rights laws against Workplace Discrimination has stated that 88 requires pregnancy related accommodations. We have long supported accommodations for pregnant workers to ensure that they are not being discriminated against. We should promote policies in washington that allow families to flourish and protect life at all stages. The purpose is to give all americans equal opportunities to succeed, that means overzealous government often causes more harm than good. We should examine legislation that could cause confusion and prove difficult to implement. Our nations workers and job creators can flourish, and american workplaces can be free from discrimination. The committee should review and evaluate the federal laws already on the books that provide protection for pregnant workers, as well as the specific provisions of hr 2694 four advancing legislation that could have unexpected consequences. The hearing today is a starting point in this regard. The bottom line. Pregnant workers should be protected and recently accommodated in the walk workplace. I look forward to hearing from our witnesses today. Madam chair, i yield back. Without objection, all other members who wish to enter renters written statements into the record may do so by submitting them to the committee electronically in microsoft word format by 5 pm on november 4th, 2019. I now introduce our witness for the first panel. Congressman jerry nadler represent new yorks tenth congressional district, congressman out there is the chairman of the House Committee on the judiciary for. More than 30 years, german adler has been on the front lines in the fight for civil rights, and he has been a relentless defender of our countrys fundamental promise of equality for all. Congressman nadler has played a significant role in the fight for womens rights, serving as a central figure and the reauthorization of the violence against women act, and he is the author of the pregnant workers fairness act. We appreciate the witness from being here today, i look forward to your testimony. Let me remind the witness that we read your wind statement and it will appear at the record, youre asked to limit your oral presentation to a five minute summary of your written statement. Before he began, please remember to press that but not a microphone. We know you know this, and as you can to speak the light in front of you will turn green and after four minutes it will be yellow to signal you have one minute remaining. When it turns read your five minutes have expired. I now recognize chairman jerry nadler for your testimony. Thank you for holding his hearing today and inviting me to testify about my bill, the pregnant workers fairness act. This hearing is long overdue. Pregnancy discrimination is not a new issue. For as long as women have been in the workforce they had been fired, passed over for promotion or hiring, had worked cut back or forced out on leave when they became pregnant or started a family. In the last six months we have seen multiple reports about workers forced off the job who are pregnant because they needed a simple fix to keep working. Pregnancy is not a disability. Sometimes due to complications even healthy pregnancies, workers need reasonable accommodation such as a stool, an extra bathroom break, limiting contact with certain chemicals or reducing the amount of lifting they do. These accommodations are short in duration and typically cost very little to provide. For millions of pregnant workers, they are critical. Simple accommodation to mean the difference between staying on the job or being forced on leave. The difference between keeping Health Insurance and paycheck or putting pregnancy at risk. Congress passed the pregnancy disc nation act in an effort to stop employers from treating pregnant employees this way. Prohibited discrimination on the basis of pregnancy, childbirth or related conditions. Courts have interpreted the law to mean if you treat your nonpregnant employees well you have to treat your pregnant employees well. The inverse is also true. If you treat your nonpregnant employees terribly you have every right to treat your pregnant employees terribly. In 2000 the Supreme Court attended to address how the pregnancy disability act discrimination act interacted with the need for pregnancy accommodations in the workplace. The courts decision exacerbated the problem. The court found in order to receive an accommodation pregnant worker has to prove that her employer accommodated nonpregnant employees with similar tissue are similar in their ability to work. It requires pregnant workers to detailed knowledge of the medical and employment history of every other employee. Women must prove their needs for accommodation is just as valid as their male counterpart who had a hernia for example. For most workers, especially lowwage workers, there is no way to get that information and prove their case. Recent report from better balance found two thirds of pregnancy accommodation cases the burden the decision places is for most pregnant women insurmountable. Congress introduced legislation to address pregnancy accommodation including a bill introduced last week by my republican colleagues. This new legislation appears to be based on the young test and requires employers provide accommodation for some of their nonpregnant employees they must do so for pregnant employees and similar working conditions. Im happy to see this additional interest in ensuring pregnant workers have the accommodations they need to stay on the job at the problem with young and therefore the problem with mr. Wahlberg and ms. Wagners proposal is that they require pregnant workers to prove they have been discriminated against in order to access accommodations. It does not have to be that complicated. That is why i introduced the bipartisan pregnant workers fairness act. The bill creates an affirmative right to an accommodation, rather than relying on a model of discrimination. Using the language of the ada it requires employers to provide reasonable accommodations to pregnant workers as long as the accommodation is not imposed an undue hardship on the employer. Those accommodations would be available for pregnancy, childbirth or related conditions including lactation. Courts know exactly how to interpret the language. Employers similarly have worked within adas requirements for decades and know exactly what their responsibilities will be. Must importantly, women will have the certainty they can safely stay on the job as long as they choose as we know that this framework for pregnancy accommodation works because weve seen it in action. 27 states around the country have passed pregnancy accommodation laws similar to the pregnant workers fairness act. State like new york, nebraska, washington state. South carolina and kentucky have passed legislation to provide reasonable accommodation in a bipartisan manner. The bill has over 100 bipartisan cosponsors and is supported by a broad range of health, labor, business and Womens Health rights organizations. I look forward to continuing to work with you and this committee to move this critical piece of legislation forward. Thank you chairman nadler. Thank you for taking time to testify before the committee today. Your testimony is a valuable piece of legislative record. We will now see the second panel. Thank you. Thank you to the witnesses and the Committee Staff for that smooth transition. I will introduce our witnesses for the second panel. Ms. Kimberly Michele Durham is from alabama. Ms. Durham made the trip to washington dc to share her story. Formerly an emergency medical technician in alabama, ms. Durham was forced off the job when she became pregnant. Next, ms. Iris wilbur, joined Greater Louisville inc. The Metro Chamber of commerce in two thousand 16. She serves as Vice President of Government Affairs and public policy. She works on policy and legislation at the local, state and federal levels to help advocate for the regions business community. Ms. Ellen look locklin Ellen Mclaughlin is engaged in a broadbased Employment Law practice, specializing in federal and state court and Administrative Agency employment litigation. Ms. Dena is head of a better balance, a leading National 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 Care for themselves and their families without risking Economic Security. We appreciate all of the witnesses for being here today and we look forward to your testimony. Let me remind the witnesses that we have read your written statements and they will appear in fall in hearing record. Pursuant to Committee Rule seven and Committee Practice, each of you is asked to limit your oral presentation to a five minute summary of your written testimony. Let me remind the witnesses that pursuant to title 18 of the u. S. Code section 1001, it is illegal to knowingly, willfully, falsify any statement, representation, writing, document or material fact presented to congress or otherwise conceal or cover up a material fact. Before you begin testimony please remember to press the button on the microphone in front of you so it will turn on and members can hear you. As you begin to speak, the light in front of you will turn green. After four minutes the light will turn yellow to signal you have one minute remaining and when the light turns red youre five minutes have expired and we ask that you wrap up your testimony. We will let the entire panel make their presentations for we move to member questions. When answering a question please remember to turn your microphone on. I will first recognize ms. Durham. Welcome to the committee. You are recognized for five minutes for your testimony. Ms. Durham my name is Michele Durham and im a mom from alabama. I want to thank congresswoman bonamici, congressman, and subCommittee Members for having here today. Yes today was the first time ive ever been on a plane. It was a little scary but i was glad to make the trip. I want you to know they say pregnancy is supposed to be a time of happiness but my pregnancy was filled with fear and anxiety because my employer sent me home without pay right when i needed a paycheck the most. Thats not the way things should be. In march 2015, when i was 22, i began working for rural metro corporation. I was an emergency medical technician. My first job after getting my certificate and i was excited to work. My plan was to gain experience and save up so i could continue my training and eventually become a paramedic. About six month after i started working for rural metro i learned i was pregnant with my first child. During one of my first prenatal appointment i was told i should not lift anything over 50 pounds, a standard across the board. Because my job requires me to lift patients and stretchers which weighed 100 pounds without a patient on them, i knew i would have to ask rural metro to reassign me temporarily so i could follow my