American Civil Liberties Union

Earlier this year, I wrote about being pushed out of my job because I was pregnant. It’s still hard for me to believe that I was put in the position of choosing between staying on the job while pregnant, and the health of my baby.

I have a good job at United Parcel Service (UPS) and had worked there for almost 10 years. I am a full time driver, and that work can be very demanding and strenuous. I often work up to 14 hours a day, and during the rush seasons, like Mother’s Day, the size and weight of the packages explodes. Despite that, I like my job and am glad to be able to support myself and my family.

Across the country teachers at religiously affiliated schools are being fired for their reproductive choices.  What’s worse, the schools are unapologetic, claiming they have the right to discriminate because of their religious beliefs.

Emily Herx, a former Language Arts and Literature teacher at St. Vincent de Paul, a Catholic School in Indiana, was fired after she requested time off to receive in vitro fertilization (IVF) treatment.  She is suing the school for sex and disability discrimination in federal court, and today we filed a friend-of-the court brief to support her legal arguments.  A few states over, Jane Doe (a pseudonym), an employee at a Catholic school in Missouri, was fired for becoming pregnant outside of wedlock.  Today the ACLU of Kansas & Western Missouri filed a complaint on Jane’s behalf with the Equal Employment Opportunity Commission for sex discrimination.   

This Saturday marks the 40^th anniversary of the passage of Title IX of the Education Amendments of 1972, the landmark law that prohibits sex discrimination in federally funded education programs and activities. Among its other, better-known applications (for example, mandating equality in athletics), Title IX bans discrimination against pregnant and parenting students. Title IX’s regulations mandate that schools cannot apply school policies differently on the basis of sex based on marital or parental status, nor can a school discriminate against or exclude any person “on the basis of pregnancy, childbirth, termination of pregnancy, or recovery therefrom.” 

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.