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States Protect Pregnant Workers When Congress Won't

As a similar bill languishes in Congress, Delaware is the latest in a growing number of states and localities to pass what lawmakers call “common sense” legislation to keep pregnant women working with certain accommodations, if warranted, as long as they don’t pose undue hardship on businesses.

A stool. A bottle of water. Lighter duty. A bathroom break. On Tuesday, Delaware Gov. Jack Markell (D) is expected to sign into law provisions that would ensure that pregnant workers receive such reasonable and fair accommodations to stay on the job.

 

The Pregnant Workers Fairness Act, which was sponsored by state Sen. Bethany Hall-Long (D) and co-sponsored by conservative Republicans, sailed through the state legislature in a few months and passed with a rare unanimous vote. The measure had the backing of civil rights and other groups to the left of the political spectrum, and the business community to the right.

 

As a similar bill languishes in Congress, Delaware is the latest in a growing number of states and localities to pass what lawmakers call “common sense” legislation to keep pregnant women working with certain accommodations, if warranted, as long as they don’t pose undue hardship on businesses.

 

In the past 18 months, measures to ensure such accommodations have passed unanimously in New York City, Philadelphia, Providence, R.I., and in West Virginia. Bipartisan efforts have resulted in laws in Maryland, Minnesota and New Jersey – where only one lawmaker voted against the bill.

 

In late August, Illinois Gov. Pat Quinn (D), a champion, signed the Pregnant Workers Fairness Act into law. It, too, had passed the state legislature in a unanimous vote. “No pregnant woman should have to choose between having her baby and keeping her job,” Quinn said at a news conference.

 

California and Hawaii already have laws that guarantee reasonable accommodations for pregnant workers. And similar bills are pending in several states –  including Georgia, Missouri, New York, Pennsylvania, Rhode Island and Wisconsin — and the District of Columbia. Many laws also include provisions that guarantee reasonable accommodations to support breastfeeding, ensuring that workers can have breaks and dedicated space to pump breast milk.

 
Caroline Cournoyer is GOVERNING's senior web editor.
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