War on Women

The "War on Women" describes the legislative and rhetorical attacks on women and women’s rights taking place across the nation. In includes a wide-range of policy efforts designed to place restrictions on women's health care and erode protections for women and their families. Examples at the state and federal level have included restricting contraception; cutting off funding for Planned Parenthood; state-mandated, medically unnecessary ultrasounds; abortion taxes; abortion waiting periods; forcing women to tell their employers why they want birth control, and prohibiting insurance companies from including abortion coverage in their policies.

Another Abortion Ban? You’ve Got to be Kidding Me

By Sarah Lipton-Lubet, ACLU Washington Legislative Office at 1:20pm

Earlier this week, in a case brought by the ACLU, the ACLU of Arizona, and the Center for Reproductive Rights, the U.S. Court of Appeals for the 9th Circuit struck down an extreme Arizona law that bans abortion care starting at 20 weeks. The court called it "per se unconstitutional." That's judicial-speak for "are you kidding me with this?"

And yet today, the U.S. House of Representatives held a hearing on a bill from Rep. Trent Franks (R-Ariz.) that would do the very same thing—except this one wouldn't be limited to Franks' home state of Arizona. Initially, Franks targeted the women of D.C., but has since announced his intention to expand his scope nationwide.

A Duty to Protect Lives

By Carol Petraitis, ACLU of Pennsylvania & Arno Vosk at 3:11pm

This post was originally featured on philly.com.

In 1929, Clara Bell Duvall died in Pittsburgh from complications of an illegal abortion. She left behind a grieving household - five young children, an overwhelmed husband, and her own parents were devastated by their loss. The family barely survived.

Maryland Stands Up for Pregnant Workers

By Allie Bohm, Advocacy & Policy Strategist, ACLU at 5:22pm

Yesterday, Maryland's governor signed into law legislation protecting pregnant women from workplace discrimination. This should be a no-brainer.

Picture this: you have a good job, you have medical benefits, you're financially stable, and you decide it's time to start a family. Sounds reasonable, right? But what would you do if your employer decided to place you on unpaid leave and cut your medical benefits because you're pregnant? You might take your employer to court.

Mother's Day is Over - But Pregnancy Discrimination Isn't.

By Vania Leveille, Washington Legislative Office & Lenora M. Lapidus, Women's Rights Project at 12:03pm

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.

Use Birth Control? You're Fired!

By Jennifer Dalven, Reproductive Freedom Project at 6:36pm

No joke: A bill pending in Arizona would give your boss the green light to fire you for using birth control.

Kansas to Pregnant Women: "A Little Lie from Your Doctor Won't Hurt You"

By Jennifer Dalven, Reproductive Freedom Project at 12:54pm

If a Kansas bill passes, a doctor who opposes abortion could lie about prenatal test results so a woman won't have information that might lead her to decide to end her pregnancy.

Your Body, Your Decisions – This Means You, Moms!

By Mie Lewis, Women's Rights Project at 1:57pm

Recently, a mother in South Carolina reached out to the ACLU for help. She was pregnant, and although she had had two prior cesarean surgeries, she wished to attempt a “trial of labor,” that is, to give birth naturally, rather than having a scheduled cesarean surgery. The mother’s wish made sense in light of her medical history, and according to professional standards set by obstetricians.

The Battle to Shut Down Virginia's Abortion Clinics

By Alicia Gay, ACLU at 12:43pm

After considerable arm twisting by Virginia Attorney General Ken Cuccinelli, today the Virginia Board of Health approved medically unnecessary regulations designed to force many women's health care centers in Virginia to shut their doors. These costly and unprecedented regulations require many women's centers to meet the building requirements as if they were newly constructed mini-hospitals. The retroactive application of these guidelines to existing health centers is excessive and inappropriate.

The (Not-So-Secret) War on Moms : How the Supreme Court Took Protections Away from Pregnant Workers

By Ariela Migdal, ACLU Women's Rights Project at 11:03am

This week, the Supreme Court ruled, by the all-too-familiar 5-4 margin, that a provision of the Family and Medical Leave Act (FMLA) giving workers time off to care for their own serious health conditions — including pregnancy and childbirth — can't be enforced by state employees in damages lawsuits against their public employers. The decision in Coleman v. Court of Appeals of Maryland effectively stripped many public employees — the majority of whom are women — of the right to job protection when they need to take time off while pregnant. The ACLU had joined an amicus brief arguing that the law was written in a gender-neutral way to provide women workers with the time they needed to go through childbirth and pregnancy-related complications, while ensuring that employers wouldn't discriminate based on the assumption that only women will need to take health-related leave from their jobs. While no opinion garnered five votes, a majority of the Court agreed that the law was not justified as a remedy for a pattern of unconstitutional discrimination against women or pregnant workers.

Forced to Choose Between My Job and Starting a Family? Where's Congress When You Need Them?

By Julie Desantis-Mayer at 3:41pm

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.

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