American Civil Liberties Union

This week, an Ohio federal jury awarded Christa Dias $171,000 after she was fired from her part-time teaching jobs at two religious schools. Dias had alleged that she was fired for becoming pregnant while unmarried. In response, the schools and the Archdiocese of Cincinnati had claimed that her use of artificial insemination violated Catholic religious tenets and was a valid reason for firing her. In its verdict, the jury specifically found that Dias was the victim of pregnancy discrimination.

Women make up almost half the workforce today, and, if they become pregnant, most will work throughout their pregnancy. Given this reality, you probably think the stories below are works of a bygone era. Well, you’d be wrong.

• A woman was 16 weeks pregnant and worked as a cashier at a large retailer in New York City. One day she fainted and was taken to the emergency room. Despite doctor’s orders that she remain vigilant about drinking water, she was severely dehydrated. When the physician asked why she was not drinking enough fluids, she said that her boss would not allow her to drink water while working at the cash register.
• When Shelly (not her real name) became pregnant, she was working two jobs in Indiana to support her family: the overnight shift stocking shelves for a major national retail chain and the day shift packing items to ship for a medical supply company. Her doctor advised her not to lift more than 20 pounds. The medical supply company immediately accommodated these restrictions, but the major national retailer refused to modify her duties. She experienced a lot of pain while doing the heavy lifting and miscarried shortly thereafter.
• An airline ticket agent in Louisiana was told by her doctor not to lift anything heavy at work. Her employer refused to provide her with a “light duty” assignment and told her that she would be placed on unpaid leave if she brought a doctor’s note. Not having an income wasn’t an option, so throughout her pregnancy, she continued to lift heavy bags and spent 10- and 12-hour days on her feet. Toward the end of her pregnancy, she suffered stress-induced toxemia and went into labor prematurely. Her child suffered numerous health complications.
• Julie worked as a full-time driver at UPS. During some months, the size and weight of the packages explode and the work can be physically exhausting. When she became pregnant, she requested a light duty position, just as she had done when she had been injured on the job. But UPS refused to accommodate her and put her on unpaid leave for the rest of her pregnancy.

Stories like these are all too common, and that’s why we need the Pregnant Workers Fairness Act (PWFA), which was introduced in Congress today.

Like many women, police officer Annie Balcastro of Wallingford, CT faced an uncertain future when she had to request a light-duty accommodation during her pregnancy. Many pregnant workers whose jobs entail physical activity are pushed out of the workforce when pregnant, even though their employers have provisions in place for other workers who are temporarily unable to do all aspects of their jobs, such as injured workers. Currently, fewer than ten states require employers to provide reasonable accommodations to pregnant employees who want to remain on the job but are unable to perform some aspect of their job during pregnancy.

When Peggy Young got pushed out of her job at UPS after she became pregnant, she fought back by bringing a lawsuit against her employer, claiming that UPS discriminated against her by refusing to give her a light duty rotation, even though UPS admitted that it routinely accommodates workers with on-the-job injuries, workers who lose their drivers’ licenses, and workers who are covered by the Americans with Disabilities Act.  Unfortunately, many employers think it’s okay to treat pregnant workers worse than other employees who need temporary light duty positions or other temporary adjustments, like the ability to sit down or drink more water.  And some courts have agreed.