[Congressional Record Volume 168, Number 200 (Thursday, December 22, 2022)]
[Senate]
[Pages S10081-S10082]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     PREGNANT WORKERS FAIRNESS ACT

  Mr. CASEY. Mr. President, I wish to expand upon the remarks I 
delivered earlier today on the Pregnant Workers Fairness Act, which 
this body voted to include in the omnibus spending package. I first 
introduced this bill in 2012 with Senator Shaheen. Senator Cassidy 
joined us this Congress, and the bill now has broad, bipartisan 
support.
  The Pregnant Workers Fairness Act is a very straightforward piece of 
legislation; it closes a loophole in the 1978 Pregnancy Discrimination 
Act to allow pregnant workers to request reasonable accommodations so 
that they can continue working safely during pregnancy and upon 
returning to work after childbirth. This is a commonsense bill that has 
broad, bipartisan support--everyone from the ACLU to the U.S. 
Conference of Catholic Bishops to the Chamber of Commerce.
  The Pregnant Workers Fairness Act is very simple. Pregnant workers 
should be able to request reasonable accommodations--a stool, a water 
bottle, a bathroom break--when such an accommodation would help them 
remain at work safely during their pregnancy and so they can return to 
work after childbirth. Other accommodations that a pregnant worker 
might request include, but are not limited to, light duty, temporary 
transfer, additional or more flexible breaks, changing food or drink 
policies, time off to recover from childbirth, accommodations for 
lactation needs, and flexible scheduling.
  The bill is intended to help women like Peggy Young, a UPS driver who 
requested light duty while she was pregnant. Peggy was denied her 
request, even though other workers had received light duty, because 
there is no requirement under the 1978 Pregnancy Discrimination Act to 
provide reasonable accommodations. She was forced onto unpaid leave and 
eventually took her case all the way to the Supreme Court. She won, but 
the ruling did not provide full protections to the millions of workers 
who get pregnant each year. That is why we need the Pregnant Workers 
Fairness Act, so that every pregnant worker will be able to request an 
accommodation without fear of being fired or forced on leave, when all 
she needs is a stool or a bathroom break.
  Young did not solve this issue, and the standard is still unworkable 
for employers and pregnant workers. After Young, over two-thirds of 
women still lost their Pregnancy Discrimination Act pregnancy 
accommodation claims in court, mostly because they were unable to find 
a suitable comparator under the Young comparator framework. Pregnant 
workers need immediate relief to remain healthy and on the job. 
Pregnant workers should not have to muster evidence and identify 
someone else at work to get their own medically necessary 
accommodation, as basic as a stool or extra restroom breaks. Pregnant 
workers, especially in low-wage industries, usually do not have access 
to their coworkers' personnel files and do not know how all their 
coworkers are being treated.
  The Pregnant Workers Fairness Act would create a clear, explicit 
right to accommodations, allowing pregnant workers to remain healthy 
and attached to the workforce. It is a solution that provides clarity 
to both employers and employees. That is why the U.S. Chamber of 
Commerce and other business groups support the Pregnant Workers 
Fairness Act.
  The Pregnant Workers Fairness Act sets up a simple framework that is 
easily understood and utilized by both employers and employees. Under 
the Pregnant Workers Fairness Act, a pregnant employee may request 
reasonable accommodations from their employer, the same process that 
individuals with disabilities use under the Americans with Disabilities 
Act. Employers are familiar with it, the interactive process is easier 
for both the worker and the employer.

[[Page S10082]]

  Workers will be able to secure the accommodations they need in a 
timely manner, while employers will avoid costly litigation over 
allegations of discrimination. A significant advantage of using this 
same framework is that employers are already familiar with it--and have 
over 30 years' experience providing reasonable accommodations to people 
with disabilities already.
  Over the years, I and my colleagues--along with supporters of the 
legislation--have worked carefully to ensure that the Pregnant Workers 
Fairness Act will both protect pregnant workers from discrimination and 
provide actionable, realistic parameters and guidance for employers. 
That is why, as I mentioned previously, the bill has the support of 
over 200 advocacy groups from all parts of the ideological spectrum.
  Now, some have claimed that the Americans with Disabilities Act--
ADA--already gives pregnant workers who truly need accommodations a 
right to accommodations. That is simply not true. It is not what we are 
seeing on the ground or what courts are deciding in their rulings.
  First, the ADA does not protect pregnant workers who need 
accommodations to prevent complications from arising in the first 
place, such as extra restroom breaks to prevent a urinary tract 
infection or temporary light duty to prevent a miscarriage, which 
doctors sometimes advise.
  Second, many courts have held that the ADA does not protect even 
those pregnant workers with serious pregnancy complications like a 
high-risk pregnancy, bleeding, or severe nausea. That has remained the 
case even after Congress expanded the ADA in 2008. Clearly, the ADA, 
while a vitally important law, is not adequate to keep pregnant workers 
healthy and on the job.
  It is time to step up and protect pregnant workers who just need a 
little help--a water bottle, a stool, light duty--in order to keep 
working safely. This is the right thing to do. The Pregnant Workers 
Fairness Act is a reasonable and responsible bill that will help 
workers continue working safely during pregnancy and after childbirth. 
With broad support and a framework that is already familiar to 
employers, the Pregnant Workers Fairness Act is a commonsense, 
bipartisan bill that should be enacted without delay.
  In closing, I would like to reiterate my thanks to Senator Cassidy, 
who has been a true partner on this bill, along with our staffs; 
Senator Shaheen, for cosponsoring with me all these years; Senator 
Murray and Senator Burr for their work to shepherd the bill through the 
Committee on Health, Education, Labor, and Pensions; and the majority 
leader, Senator Schumer, for helping us to see this bill through the 
U.S. Senate.

                          ____________________