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The Covid-19 pandemic has led to a decline in U.S pregnancies and prompted a number of women to opt out of the workforce.
Now, a bipartisan proposal in Congress aims to alleviate the hurdles pregnant women face so that they can stay in their jobs.
On Wednesday, Sens. Bob Casey, D-Pa., and Bill Cassidy, R-La., urged their fellow lawmakers to pass the legislation that has been introduced in every Congress since 2011, according to the Bipartisan Policy Center.
The bill, called the Pregnant Workers Fairness Act, was passed by the House of Representatives 315 to 101 last May.
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It was subsequently advanced by the Senate Health, Education, Labor, and Pensions Committee in August with a 19 to 2 vote.
“We’re working with colleagues to get it passed and signed into law this year,” Cassidy said Wednesday during a webinar hosted by the Bipartisan Policy Center.
The bill would require employers to make reasonable accommodations so that pregnant women can continue to work.
“At its heart, this bill is about supporting pregnant women and their families,” Casey said. “It’s also about basic economic security, along with dignity and compassion for pregnant workers.”
The bill would require employers to provide “simple and reasonable accommodations” for pregnant workers such as a water bottle, stool to sit on or better-fitting uniform, Casey said.
Congress passed the Pregnancy Discrimination Act in 1978. That law prevents women from being denied jobs or getting fired for being pregnant. But it does not require employers to provide reasonable accommodations so that expectant mothers can continue working.
While a 2015 Supreme Court decision recognized the need for temporary accommodations for pregnant workers, it came with a complicated test to prove discrimination, lawmakers who support the bill argue.
Currently, about 30 states have enacted legislation addressing this issue. But that still leaves millions of female workers without protection, Cassidy said.
No pregnant worker should be treated adversely with respect to their employment simply because they’re pregnant.
Sen. Bob Casey
Democratic U.S. Senator from Pennsylvania
“The premise of the bill is very simple,” Casey said. “No pregnant worker should be treated adversely with respect to their employment simply because they’re pregnant.”
The bill has other co-sponsors from both sides of the aisle, including Republican Sens. Shelley Moore Capito of West Virginia, Lisa Murkowski of Alaska, Chuck Grassley of Iowa and Susan Collins of Maine.
It also has support from Senate Democrats including Jeanne Shaheen of New Hampshire, Tina Smith of Minnesota, Tim Kaine of Virginia and Tammy Duckworth of Illinois.
The bipartisan push comes as Democrats have struggled to get the Build Back Better bill, which includes provisions for child care and paid family leave, passed by the Senate through a simple majority called reconciliation.
At the same time, the Covid-19 pandemic has exacerbated the difficulties many women face in juggling work and motherhood.
That has prompted a drop in U.S. birth rates as many women opt to delay having children, the Center for Retirement Research at Boston College has found.
However, even before the pandemic, the age of motherhood was rising. That is due in part to the fact that many women face what’s known as a “motherhood penalty,” where their earnings are reduced with each child they have.