May 14, 2021 CONGRESSIONAL RECORD — HOUSE H2321 finally catching up to the science and For the past ten years, it has been my lation of title VII of such Act (42 U.S.C. 2000e et so should the House. We must be the honor and privilege to serve the people of seq.) shall be the powers, remedies, and proce- leaders we were elected to be, follow Ohio’s 15th District. Enclosed is a copy of my dures this Act provides to the Commission, the the science, and have the choice to go letter of resignation to the Speaker of the Attorney General, or any person, respectively, House, Nancy Pelosi. alleging an unlawful employment practice in without a mask. Sincerely, violation of this Act against an employee de- I am going to be that leader, and I STEVE STIVERS. scribed in section 5(3)(A) except as provided in choose no mask. f paragraphs (2) and (3) of this subsection. f (2) COSTS AND FEES.—The powers, remedies, PREGNANT WORKERS FAIRNESS and procedures provided in subsections (b) and CALIFORNIA DROUGHT ACT (c) of section 722 of the Revised Statutes (42 (Mr. VALADAO asked and was given U.S.C. 1988) shall be the powers, remedies, and Mr. SCOTT of Virginia. Mr. Speaker, procedures this Act provides to the Commission, permission to address the House for 1 pursuant to House Resolution 380, I the Attorney General, or any person alleging minute and to revise and extend his re- call up the bill (H.R. 1065) to eliminate such practice. marks.) discrimination and promote women’s (3) DAMAGES.—The powers, remedies, and pro- Mr. VALADAO. Mr. Speaker, I rise health and economic security by ensur- cedures provided in section 1977A of the Revised today to bring attention to the wors- ing reasonable workplace accommoda- Statutes (42 U.S.C. 1981a), including the limita- tions contained in subsection (b)(3) of such sec- ening drought conditions in California. tions for workers whose ability to per- Farmers and producers in California tion 1977A, shall be the powers, remedies, and form the functions of a job are limited procedures this Act provides to the Commission, grow more than one-third of the vege- by pregnancy, childbirth, or a related the Attorney General, or any person alleging tables and two-thirds of the fruit and medical condition, and ask for its im- such practice (not an employment practice spe- nuts produced in the U.S. Depriving mediate consideration. cifically excluded from coverage under section our farmers of the water they need to The Clerk read the title of the bill. 1977A(a)(1) of the Revised Statutes). grow our Nation’s food ultimately in- The SPEAKER pro tempore. Pursu- (b) EMPLOYEES COVERED BY CONGRESSIONAL ACCOUNTABILITY ACT OF 1995.— creases the cost of food for every per- ant to House Resolution 380, the son in the United States. Still, the (1) IN GENERAL.—The powers, remedies, and amendment in the nature of a sub- procedures provided in the Congressional Ac- House majority has yet to take action stitute recommended by the Com- countability Act of 1995 (2 U.S.C. 1301 et seq.) to to address this drought or consider leg- mittee on Education and Labor, print- the Board (as defined in section 101 of such Act islation that will bring clean, reliable ed in the bill, is adopted and the bill, as (2 U.S.C. 1301)) or any person alleging a viola- water to our struggling communities. amended, is considered read. tion of section 201(a)(1) of such Act (2 U.S.C. In February, I introduced H.R. 737, The text of the bill, as amended, is as 1311(a)(1)) shall be the powers, remedies, and the RENEW WIIN Act, to allow the lit- procedures this Act provides to the Board or any follows: person, respectively, alleging an unlawful em- tle water we have to be made available H.R. 1065 to the communities that feed our Na- ployment practice in violation of this Act Be it enacted by the Senate and House of Rep- against an employee described in section 5(3)(B) tion. resentatives of the United States of America in except as provided in paragraphs (2) and (3) of While I am glad to see my persistent Congress assembled, this subsection. requests for a drought emergency dec- SECTION 1. SHORT TITLE. (2) COSTS AND FEES.—The powers, remedies, laration granted this week by Califor- This Act may be cited as the ‘‘Pregnant Work- and procedures provided in subsections (b) and nia’s Governor, this is only a step in ers Fairness Act’’. (c) of section 722 of the Revised Statutes (42 the right direction. We need immediate U.S.C. 1988) shall be the powers, remedies, and SEC. 2. NONDISCRIMINATION WITH REGARD TO procedures this Act provides to the Board or any action in Congress, and I implore my REASONABLE ACCOMMODATIONS RELATED TO PREGNANCY. person alleging such practice. colleagues in the majority to advance AMAGES.—The powers, remedies, and pro- It shall be an unlawful employment practice (3) D legislation to confront this crisis, in- cedures provided in section 1977A of the Revised for a covered entity to— cluding my bill, the RENEW WIIN Act. Statutes (42 U.S.C. 1981a), including the limita- (1) not make reasonable accommodations to tions contained in subsection (b)(3) of such sec- f the known limitations related to the pregnancy, tion 1977A, shall be the powers, remedies, and childbirth, or related medical conditions of a b 0915 procedures this Act provides to the Board or any qualified employee, unless such covered entity person alleging such practice (not an employ- can demonstrate that the accommodation would RESIGNATION FROM THE HOUSE ment practice specifically excluded from cov- impose an undue hardship on the operation of OF REPRESENTATIVES erage under section 1977A(a)(1) of the Revised the business of such covered entity; Statutes). The SPEAKER pro tempore laid be- (2) require a qualified employee affected by (4) OTHER APPLICABLE PROVISIONS.—With re- fore the House the following resigna- pregnancy, childbirth, or related medical condi- spect to a claim alleging a practice described in tions to accept an accommodation other than tion from the House of Representa- paragraph (1), title III of the Congressional Ac- any reasonable accommodation arrived at tives: countability Act of 1995 (2 U.S.C. 1381 et seq.) through the interactive process referred to in CONGRESS OF THE UNITED STATES, shall apply in the same manner as such title ap- section 5(7); HOUSE OF REPRESENTATIVES, plies with respect to a claim alleging a violation (3) deny employment opportunities to a quali- Washington, DC, April 22, 2021. of section 201(a)(1) of such Act (2 U.S.C. fied employee if such denial is based on the need Hon. NANCY PELOSI, 1311(a)(1)). of the covered entity to make reasonable accom- Speaker of the House, Washington, DC. (c) EMPLOYEES COVERED BY CHAPTER 5 OF modations to the known limitations related to DEAR SPEAKER PELOSI: I am writing to in- TITLE 3, UNITED STATES CODE.— form you that, effective May 16, 2021, I will the pregnancy, childbirth, or related medical (1) IN GENERAL.—The powers, remedies, and resign my seat in the U.S. House of Rep- conditions of a qualified employee; procedures provided in chapter 5 of title 3, resentatives representing Ohio’s 15th Con- (4) require a qualified employee to take leave, United States Code, to the President, the Com- gressional District. whether paid or unpaid, if another reasonable mission, the Merit Systems Protection Board, or For the past ten years, it has been my accommodation can be provided to the known any person alleging a violation of section honor and privilege to serve the people of limitations related to the pregnancy, childbirth, 411(a)(1) of such title shall be the powers, rem- Ohio’s 15th District. Enclosed is a copy of my or related medical conditions of a qualified em- edies, and procedures this Act provides to the letter of resignation to the Governor of the ployee; or President, the Commission, the Board, or any State of Ohio, Mike DeWine. (5) take adverse action in terms, conditions, or person, respectively, alleging an unlawful em- Sincerely, privileges of employment against a qualified em- ployment practice in violation of this Act STEVE STIVERS. ployee on account of the employee requesting or against an employee described in section 5(3)(C) -- using a reasonable accommodation to the known except as provided in paragraphs (2) and (3) of CONGRESS OF THE UNITED STATES, limitations related to the pregnancy, childbirth, this subsection. HOUSE OF REPRESENTATIVES, or related medical conditions of the employee. (2) COSTS AND FEES.—The powers, remedies, Washington, DC, April 22, 2021. SEC. 3. REMEDIES AND ENFORCEMENT. and procedures provided in subsections (b) and Hon. MIKE DEWINE, (a) EMPLOYEES COVERED BY TITLE VII OF THE (c) of section 722 of the Revised Statutes (42 Governor of Ohio, Columbus, OH. CIVIL RIGHTS ACT OF 1964.— U.S.C. 1988) shall be the powers, remedies, and DEAR GOVERNOR DEWINE: I am writing to (1) IN GENERAL.—The powers, remedies, and procedures this Act provides to the President, inform you that, effective May 16, 2021, I will procedures provided in sections 705, 706, 707, the Commission, the Board, or any person alleg- resign my seat in the U.S. House of Rep- 709, 710, and 711 of the Civil Rights Act of 1964 ing such practice. resentatives representing Ohio’s 15th Con- (42 U.S.C. 2000e–4 et seq.) to the Commission, the (3) DAMAGES.—The powers, remedies, and pro- gressional District. Attorney General, or any person alleging a vio- cedures provided in section 1977A of the Revised

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Statutes (42 U.S.C. 1981a), including the limita- (3) REMEDY.—The remedies and procedures sonable accommodation, can perform the essen- tions contained in subsection (b)(3) of such sec- otherwise provided for under this section shall tial functions of the employment position, except tion 1977A, shall be the powers, remedies, and be available to aggrieved individuals with re- that an employee or applicant shall be consid- procedures this Act provides to the President, spect to violations of this subsection. ered qualified if— the Commission, the Board, or any person alleg- (g) LIMITATION.—Notwithstanding subsections (A) any inability to perform an essential func- ing such practice (not an employment practice (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3), if an un- tion is for a temporary period; specifically excluded from coverage under sec- lawful employment practice involves the provi- (B) the essential function could be performed tion 1977A(a)(1) of the Revised Statutes). sion of a reasonable accommodation pursuant to in the near future; and (d) EMPLOYEES COVERED BY GOVERNMENT EM- this Act or regulations implementing this Act, (C) the inability to perform the essential func- PLOYEE RIGHTS ACT OF 1991.— damages may not be awarded under section tion can be reasonably accommodated; and (1) IN GENERAL.—The powers, remedies, and 1977A of the Revised Statutes (42 U.S.C. 1981a) (7) the terms ‘‘reasonable accommodation’’ procedures provided in sections 302 and 304 of if the covered entity demonstrates good faith ef- and ‘‘undue hardship’’ have the meanings given the Government Employee Rights Act of 1991 (42 forts, in consultation with the employee with such terms in section 101 of the Americans with U.S.C. 2000e–16b; 2000e–16c) to the Commission known limitations related to pregnancy, child- Disabilities Act of 1990 (42 U.S.C. 12111) and or any person alleging a violation of section birth, or related medical conditions who has in- shall be construed as such terms are construed 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1)) formed the covered entity that accommodation is under such Act and as set forth in the regula- shall be the powers, remedies, and procedures needed, to identify and make a reasonable ac- tions required by this Act, including with regard this Act provides to the Commission or any per- commodation that would provide such employee to the interactive process that will typically be son, respectively, alleging an unlawful employ- with an equally effective opportunity and would used to determine an appropriate reasonable ac- ment practice in violation of this Act against an not cause an undue hardship on the operation commodation. employee described in section 5(3)(D) except as of the covered entity. SEC. 6. WAIVER OF STATE IMMUNITY. provided in paragraphs (2) and (3) of this sub- SEC. 4. RULEMAKING. A State shall not be immune under the 11th section. Not later than 2 years after the date of enact- Amendment to the Constitution from an action OSTS AND FEES.—The powers, remedies, (2) C ment of this Act, the Commission shall issue reg- in a Federal or State court of competent juris- and procedures provided in subsections (b) and ulations in an accessible format in accordance diction for a violation of this Act. In any action (c) of section 722 of the Revised Statutes (42 with subchapter II of chapter 5 of title 5, United against a State for a violation of this Act, rem- U.S.C. 1988) shall be the powers, remedies, and States Code, to carry out this Act. Such regula- edies (including remedies both at law and in eq- procedures this Act provides to the Commission tions shall provide examples of reasonable ac- uity) are available for such a violation to the or any person alleging such practice. commodations addressing known limitations re- same extent as such remedies are available for (3) DAMAGES.—The powers, remedies, and pro- lated to pregnancy, childbirth, or related med- such a violation in an action against any public cedures provided in section 1977A of the Revised ical conditions. or private entity other than a State. Statutes (42 U.S.C. 1981a), including the limita- tions contained in subsection (b)(3) of such sec- SEC. 5. DEFINITIONS. SEC. 7. RELATIONSHIP TO OTHER LAWS. tion 1977A, shall be the powers, remedies, and As used in this Act— Nothing in this Act shall be construed to in- procedures this Act provides to the Commission (1) the term ‘‘Commission’’ means the Equal validate or limit the powers, remedies, and pro- or any person alleging such practice (not an em- Employment Opportunity Commission; cedures under any Federal law or law of any ployment practice specifically excluded from (2) the term ‘‘covered entity’’— State or political subdivision of any State or ju- coverage under section 1977A(a)(1) of the Re- (A) has the meaning given the term ‘‘respond- risdiction that provides greater or equal protec- vised Statutes). ent’’ in section 701(n) of the Civil Rights Act of tion for individuals affected by pregnancy, (e) EMPLOYEES COVERED BY SECTION 717 OF 1964 (42 U.S.C. 2000e(n)); and childbirth, or related medical conditions. THE CIVIL RIGHTS ACT OF 1964.— (B) includes— SEC. 8. SEVERABILITY. (1) IN GENERAL.—The powers, remedies, and (i) an employer, which means a person en- If any provision of this Act or the application procedures provided in section 717 of the Civil gaged in industry affecting commerce who has of that provision to particular persons or cir- Rights Act of 1964 (42 U.S.C. 2000e–16) to the 15 or more employees as defined in section 701(b) cumstances is held invalid or found to be uncon- Commission, the Attorney General, the Librar- of title VII of the Civil Rights Act of 1964 (42 stitutional, the remainder of this Act and the ian of Congress, or any person alleging a viola- U.S.C. 2000e(b)); application of that provision to other persons or tion of that section shall be the powers, rem- (ii) an employing office, as defined in section circumstances shall not be affected. edies, and procedures this Act provides to the 101 of the Congressional Accountability Act of The SPEAKER pro tempore. The bill, Commission, the Attorney General, the Librar- 1995 (2 U.S.C. 1301) and section 411(c) of title 3, United States Code; as amended, shall be debatable for 1 ian of Congress, or any person, respectively, al- hour, equally divided and controlled by leging an unlawful employment practice in vio- (iii) an entity employing a State employee de- lation of this Act against an employee described scribed in section 304(a) of the Government Em- the chair and the ranking minority in section 5(3)(E) except as provided in para- ployee Rights Act of 1991 (42 U.S.C. 2000e– member of the Committee on Edu- graphs (2) and (3) of this subsection. 16c(a)); and cation and Labor or their respective (2) COSTS AND FEES.—The powers, remedies, (iv) an entity to which section 717(a) of the designees. and procedures provided in subsections (b) and Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) The gentleman from Virginia (Mr. applies; (c) of section 722 of the Revised Statutes (42 SCOTT) and the gentlewoman from U.S.C. 1988) shall be the powers, remedies, and (3) the term ‘‘employee’’ means— North Carolina (Ms. FOXX) each will procedures this Act provides to the Commission, (A) an employee (including an applicant), as the Attorney General, the Librarian of Con- defined in section 701(f) of the Civil Rights Act control 30 minutes. gress, or any person alleging such practice. of 1964 (42 U.S.C. 2000e(f)); The Chair recognizes the gentleman (3) DAMAGES.—The powers, remedies, and pro- (B) a covered employee (including an appli- from Virginia. cedures provided in section 1977A of the Revised cant), as defined in section 101 of the Congres- GENERAL LEAVE Statutes (42 U.S.C. 1981a), including the limita- sional Accountability Act of 1995 (2 U.S.C. 1301); Mr. SCOTT of Virginia. Mr. Speaker, (C) a covered employee (including an appli- tions contained in subsection (b)(3) of such sec- I ask unanimous consent that all Mem- tion 1977A, shall be the powers, remedies, and cant), as defined in section 411(c) of title 3, procedures this Act provides to the Commission, United States Code; bers have 5 legislative days in which to the Attorney General, the Librarian of Con- (D) a State employee (including an applicant) revise and extend their remarks and in- gress, or any person alleging such practice (not described in section 304(a) of the Government sert extraneous material on H.R. 1065, an employment practice specifically excluded Employee Rights Act of 1991 (42 U.S.C. 2000e– the Pregnant Workers Fairness Act. from coverage under section 1977A(a)(1) of the 16c(a)); or The SPEAKER pro tempore. Is there Revised Statutes). (E) an employee (including an applicant) to objection to the request of the gen- (f) PROHIBITION AGAINST RETALIATION.— which section 717(a) of the Civil Rights Act of tleman from Virginia? 1964 (42 U.S.C. 2000e–16(a)) applies; (1) IN GENERAL.—No person shall discriminate There was no objection. against any employee because such employee (4) the term ‘‘person’’ has the meaning given has opposed any act or practice made unlawful such term in section 701(a) of the Civil Rights Mr. SCOTT of Virginia. Mr. Speaker, by this Act or because such employee made a Act of 1964 (42 U.S.C. 2000e(a)); I yield myself such time as I may con- charge, testified, assisted, or participated in any (5) the term ‘‘known limitation’’ means phys- sume. manner in an investigation, proceeding, or hear- ical or mental condition related to, affected by, Mr. Speaker, I rise in support of H.R. ing under this Act. or arising out of pregnancy, childbirth, or re- 1065, the Pregnant Workers Fairness (2) PROHIBITION AGAINST COERCION.—It shall lated medical conditions that the employee or Act introduced by Representatives be unlawful to coerce, intimidate, threaten, or employee’s representative has communicated to NADLER and KATKO. interfere with any individual in the exercise or the employer whether or not such condition It is unacceptable that, in 2021, preg- enjoyment of, or on account of such individual meets the definition of disability specified in sec- having exercised or enjoyed, or on account of tion 3 of the Americans with Disabilities Act of nant workers can still be denied basic such individual having aided or encouraged any 1990 (42 U.S.C. 12102); workplace accommodations that help other individual in the exercise or enjoyment of, (6) the term ‘‘qualified employee’’ means an them stay healthy during their preg- any right granted or protected by this Act. employee or applicant who, with or without rea- nancy. These accommodations, from

VerDate Sep 11 2014 01:48 May 15, 2021 Jkt 019060 PO 00000 Frm 00004 Fmt 0636 Sfmt 0634 E:\CR\FM\A14MY7.002 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE May 14, 2021 CONGRESSIONAL RECORD — HOUSE H2323 providing seating and water to excus- report for H.R. 1065 and in the Congressional In the interest of permitting your Com- ing pregnant workers from heavy lift- Record during floor consideration of the bill mittee to proceed expeditiously on this bill, ing, are not complex or costly. to memorialize our joint understanding. I am willing to waive this Committee’s right But without these protections, too Again, thank you for your assistance with to sequential referral. I do so with the under- this matter. many workers are forced to either standing that by waiving consideration of Very truly yours, the bill, the Committee on Oversight and Re- leave their jobs or put their health and ROBERT C. ‘‘BOBBY’’ SCOTT, form does not waive any future jurisdic- the health of their pregnancy at risk. Chairman. tional claim over the subject matters con- We can and must do better to ensure tained in the bill that fall within its Rule X that no worker in this country is HOUSE OF REPRESENTATIVES, jurisdiction. I request that you urge the forced to choose between financial se- COMMITTEE ON THE JUDICIARY, Speaker to name members of this Committee curity and a healthy pregnancy. Washington, DC, March 23, 2021. to any conference committee that is named The Pregnant Workers Fairness Act Hon. BOBBY SCOTT, to consider such provisions. would finally establish a right to rea- Chairman, House Committee on Education and Please place this letter into the Congres- Labor, Washington, DC. sonable accommodations to all preg- sional Record during consideration of the DEAR CHAIRMAN SCOTT: This is to advise measure on the House floor. Thank you for nant workers, and it would guarantee you that the Committee on the Judiciary the cooperative spirit in which you have that pregnant workers can seek those has now had an opportunity to review the worked regarding this matter and others be- accommodations without facing dis- provisions in H.R. 1065, the ‘‘Pregnant Work- tween our respective Committees. crimination or retaliation. ers Fairness Act,’’ that fall within our Rule Sincerely, Last Congress, 226 House Democrats X jurisdiction. I appreciate your consulting CAROLYN B. MALONEY, and 103 Republicans came together to with us on those provisions. The Judiciary Chairwoman. pass this legislation by a margin of 329– Committee has no objection to your includ- ing them in the bill for consideration on the 73. I hope we can come together again HOUSE OF REPRESENTATIVES, House floor, and to expedite that consider- COMMITTEE ON EDUCATION AND LABOR, this year and finally deliver this bipar- ation is willing to forgo action on H.R. 1065, tisan priority to our Nation’s workers. Washington, DC, April 29, 2021. with the understanding that we do not there- Hon. CAROLYN B. MALONEY, Mr. Speaker, I urge strong support by waive any future jurisdictional claim Chairwoman, House Committee on Oversight for the Pregnant Workers Fairness Act, over those provisions or their subject mat- and Reform, Washington, DC. and I reserve the balance of my time. ters. DEAR CHAIRWOMAN MALONEY: In reference HOUSE OF REPRESENTATIVES, In the event a House-Senate conference on to your letter of April 28, 2021, I write to con- COMMITTEE ON HOUSE ADMINISTRATION, this or similar legislation is convened, the firm our mutual understanding regarding Washington, DC, March 24, 2021. Judiciary Committee reserves the right to H.R. 1065, the ‘‘Pregnant Workers Fairness Hon. ROBERT C. ‘‘BOBBY’’ SCOTT, request an appropriate number of conferees Act.’’ Chairman, Committee on Education and Labor, to address any concerns with these or simi- I appreciate the Committee on Oversight House of Representatives, Washington, DC. lar provisions that may arise in conference. and Reform’ s waiver of consideration of Please place this letter into the Congres- DEAR CHAIRMAN SCOTT: I am writing to you H.R. 1065 as specified in your letter. I ac- sional Record during consideration of the concerning H.R. 1065, the Pregnant Workers knowledge that the waiver was granted only measure on the House floor. Thank you for Fairness Act. There are certain provisions in to expedite floor consideration of H.R. 1065 the cooperative spirit in which you have the legislation which fall within the Rule X and does not in any way waive or diminish worked regarding this matter and others be- jurisdiction of the Committee on House Ad- the Committee on Oversight and Reform’s tween our committees. ministration. jurisdictional interests over this or similar In the interest of permitting your com- Sincerely, legislation. mittee to proceed expeditiously to floor con- JERROLD NADLER, I would be pleased to include our exchange sideration, the Committee on House Admin- Chairman. of letters on this matter in the committee istration agrees to forego action on the bill. report for H.R. 1065 and in the Congressional This is done with the understanding that the HOUSE OF REPRESENTATIVES, Record during floor consideration of the bill Committee on House Administration’s juris- COMMITTEE ON EDUCATION AND LABOR, to memorialize our joint understanding. dictional interests over this and similar leg- Washington, DC, April 28, 2021. Again, thank you for your assistance with islation are in no way diminished or altered. Hon. JERROLD NADLER, this matter. In addition, the Committee reserves its right Chairman, House Committee on the Judiciary, Very truly yours, to seek conferees on any provisions within Washington, DC. ROBERT C. ‘‘BOBBY’’ SCOTT, its jurisdiction which are considered in a DEAR CHAIRMAN NADLER: In reference to Chairman. House-Senate conference and requests your your letter of March 23, 2021, I write to con- support if such a request is made. firm our mutual understanding regarding Ms. FOXX. Mr. Speaker, I yield my- I would appreciate your response con- H.R. 1065, the ‘‘Pregnant Workers Fairness self such time as I may consume. firming this understanding with respect to Act.’’ Mr. Speaker, House Republicans have H.R. 1065 and ask that a copy of our ex- I appreciate the Committee on the Judi- long supported protections in Federal ciary’s waiver of consideration of H.R. 1065 change of letters on this matter be included law for all workers, including pregnant in your committee report on the bill and in as specified in your letter. I acknowledge the Congressional Record during consider- that the waiver was granted only to expedite workers, and we believe employers ation of the bill on the House floor. floor consideration of H.R. 1065 and does not should provide reasonable workplace Sincerely, in any way waive or diminish the Committee accommodations for pregnant workers, ZOE LOFGREN, on the Judiciary’s jurisdictional interests empowering them to achieve their Chairperson. over this or similar legislation. highest potential. I would be pleased to include our exchange I speak not only as a concerned Con- of letters on this matter in the committee HOUSE OF REPRESENTATIVES, gresswoman on this issue but also as a COMMITTEE ON EDUCATION AND LABOR, report for H.R. 1065 and in the Congressional Washington, DC, March 25, 2021. Record during floor consideration of the bill mother and grandmother. Discrimina- Hon. ZOE LOFGREN, to memorialize our joint understanding. tion of any type should not be toler- Chairperson, Committee on House Administra- Again, thank you for your assistance with ated, and no one should ever be denied tion, Washington, DC. this matter. an opportunity because of unlawful dis- DEAR CHAIRPERSON LOFGREN: In reference Very truly yours, crimination. to your letter of March 24, 2021, I write to ROBERT C. ‘‘BOBBY’’ SCOTT, That is why I support meaningful confirm our mutual understanding regarding Chairman. protections under Federal law to pre- H.R. 1065, the ‘‘Pregnant Workers Fairness vent workplace discrimination, includ- Act.’’ HOUSE OF REPRESENTATIVES, I appreciate the Committee on House Ad- COMMITTEE ON OVERSIGHT AND REFORM, ing Federal laws that rightfully pro- ministration’s waiver of consideration of Washington, DC, April 28, 2021. tect pregnant workers. H.R. 1065 as specified in your letter. I ac- Hon. ROBERT C. ‘‘BOBBY’’ SCOTT, The Pregnancy Discrimination Act knowledge that the waiver was granted only Chairman, Committee on Education and Labor, and the Americans with Disabilities to expedite floor consideration of H.R. 1065 House of Representatives, Washington, DC. Act are examples. These Federal laws and does not in any way waive or diminish DEAR CHAIRMAN SCOTT: I am writing to you already ensure workers are not being concerning H.R. 1065, the Pregnant Workers the Committee on House Administration’s discriminated against and receive rea- jurisdictional interests over this or similar Fairness Act. There are certain provisions in legislation. the legislation that fall within the Rule X sonable accommodations related to I would be pleased to include our exchange jurisdiction of the Committee on Oversight pregnancy, childbirth, or related med- of letters on this matter in the committee and Reform. ical conditions.

VerDate Sep 11 2014 04:07 May 15, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 0636 Sfmt 0634 E:\CR\FM\K14MY7.008 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE H2324 CONGRESSIONAL RECORD — HOUSE May 14, 2021 I agree with the underlying principle Democrats prevented me from offering Mr. Speaker, I include in the RECORD of H.R. 1065 and appreciate the bipar- it. As a result, I cannot, in good con- a letter from the National Partnership tisan negotiations that took place dur- science, vote in favor of this legisla- for Women & Families in support of the ing the 116th Congress to get this bill tion. Pregnant Workers Fairness Act. to where it is today. And I am pleased I want to reiterate that I am pleased NATIONAL PARTNERSHIP FOR to see the changes we negotiated last with the bipartisan negotiations that WOMEN & FAMILIES, Congress were incorporated in the leg- took place on H.R. 1065. When we work Washington, DC, May 11, 2021. islative text this time around. together, we can effect real change. DEAR MEMBER OF CONGRESS: The National When the bill was introduced last But I will never support any bill that Partnership for Women & Families is a non- profit, non-partisan advocacy organization Congress, it did not require that a infringes on the Constitution, and I urge my colleagues on both sides of the committed to improving the lives of women pregnant worker, in order to be eligible and families by achieving equity for all for an accommodation, be able to per- aisle to do the same. women. Since our creation as the Women’s form the essential functions of the job Taking away rights from our citizens Legal Defense Fund in 1971, we have fought with a reasonable accommodation. is not a win for the American people; it for every significant advance for equal op- This is a sensible provision now in- is a win for Big Government. portunity in the workplace, including the cluded in the bill. Mr. Speaker, I reserve the balance of Pregnancy Discrimination Act of 1978 and A definition of ‘‘known limitations’’ my time. the Family and Medical Leave Act of 1993 related to pregnancy, childbirth, or re- Mr. SCOTT of Virginia. Mr. Speaker, (FMLA). We write in strong support of H.R. I yield 2 minutes to the gentlewoman 1065, the Pregnant Workers Fairness Act. lated medical conditions was also ini- This bipartisan legislation will support preg- tially omitted. The bill now includes from Oregon (Ms. BONAMICI), the chair of the Civil Rights and Human Services nant workers on the job, improving women’s such a definition, including a require- Subcommittee. and families’ economic security and pro- ment that employees communicate the moting healthier pregnancies. Ms. BONAMICI. Mr. Speaker, I thank known limitation to the employer. More than 40 years ago, Congress passed the chairman for yielding. the Pregnancy Discrimination Act of 1978, This provision will help workers and I rise in strong support of the bipar- their employers understand their outlawing discrimination on the basis of tisan Pregnant Workers Fairness Act. pregnancy, childbirth or related medical rights and responsibilities. As a mom and policymaker, I know conditions, yet pregnancy discrimination is Additionally, the bill introduced last how important it is to protect the still widespread and impacts pregnant work- Congress appeared to allow employees health, well-being, and economic secu- ers across industry, race, ethnicity and juris- a unilateral veto over offered accom- rity of pregnant workers and their fam- diction. Nearly 31,000 pregnancy discrimina- modations. However, the bill now clari- ilies. Unfortunately, under current tion charges were filed with the U.S. Equal fies that reasonable accommodations Federal law, pregnant workers do not Employment Opportunity Commission (EEOC) and state-level fair employment will typically be determined through a have access to reasonable workplace balanced and interactive dialogue be- practice agencies between 2010 and 2015, and accommodations. the reality of pregnancy discrimination is tween workers and employers. Simple accommodations, such as pro- likely much worse than illustrated by EEOC The bill introduced last Congress also viding seating, water, or an extra bath- charges. As a result of this discrimination, did not include the limitation on appli- room break, would allow pregnant too many women must choose between their cability to employers with 15 or more workers to stay safe on their job dur- paychecks and a healthy pregnancy—a employees, as is the case in title VII of ing pregnancy. But when pregnant choice that no one should have to make. the Civil Rights Act and title I of the workers do not have access to the ac- The Pregnant Workers Fairness Act would create a clear policy standard requiring em- Americans with Disabilities Act, but it commodations they need, they are at now includes the 15-employee thresh- ployers to provide reasonable accommoda- risk of jeopardizing their health and tions to pregnant workers. Support for a law old. the health of their baby, losing their like this is nearly universal and bipartisan. Finally, the bill now includes a provi- job, being denied a promotion, or not Eighty-nine percent of voters favor this bill, sion that if an employer makes a good being hired in the first place. including 69 percent of voters who strongly faith effort to determine a reasonable It is unacceptable that, in 2021, preg- favor it. Just this Congress, thirty-five lead- accommodation through the inter- nant workers can still be forced to ing private sector employers endorsed the active process with the employee, the choose between a healthy pregnancy Pregnant Workers Fairness Act in an open employer is not liable for damages. and a paycheck. letter to Congress. Unfortunately, there is one key pro- More than 85 percent of women will be- Congress passed the Pregnancy Dis- come mothers at some point in their work- vision missing from this bill. One of crimination Act more than four dec- ing lives. And sometimes, an accommodation the core tenets of the Constitution is ades ago, but pregnant workers still is needed in order for a pregnant worker to the guarantee of religious freedom. In suffer discrimination at an alarming continue performing their job. Those accom- fact, it is the first freedom mentioned rate. modations are often small changes to their in the Constitution. Megan, a manufacturing worker in work environment such as additional bath- For the last 240 years, the Supreme Oregon, was forced to take unpaid room breaks, a stool to sit on or the ability Court has upheld that principle in its leave after her employer denied her to have a water bottle at their work station. Although minor, these accommodations decisions, and laws written by Congress modest request for light duty 31⁄2 allow pregnant workers to stay in the work- have maintained strong protections for months before her due date. Oregon has force and continue to provide for themselves religious liberty. Yet, the bill we are since passed a State version of the and their families. When pregnant workers discussing today deals an unnecessary Pregnant Workers Fairness Act, and it are fired, demoted, or forced into unpaid blow to religious organizations, poten- is working very well. But pregnant leave, they and their families lose critical tially forcing them to make hiring de- workers across the country need fair- income, and they may struggle to re-enter a cisions that conflict with their faith. ness, too. job market that is particularly harsh for Our job in the people’s House is not We know that women of color are people who are currently or were recently to defy the Constitution, but to uphold overrepresented in low-wage, phys- pregnant. Pregnancy discrimination affects women it. No employer should have to choose ically demanding jobs and are, there- across race and ethnicity, but women of between abiding by the law and adher- fore, disproportionately harmed by a color and immigrants are at particular risk. ing to their religious beliefs. lack of access to reasonable accom- They are disproportionately likely to work That is why Republicans offered an modations. By clarifying the right of in jobs and industries where accommoda- amendment in committee that would pregnant workers to reasonable accom- tions during pregnancy are not often pro- include a narrow but longstanding pro- modations on the job, we will finally vided (such as home health aides, food serv- vision from the Civil Rights Act that is give them the ability to work safely ice workers, package handlers and cleaners). not currently incorporated in this bill. without fear of facing discrimination Black women are much more likely than white women to file pregnancy discrimina- Committee Democrats voted down this or retaliation. tion charges, they are also at a higher risk commonsense amendment. I thank Chairman SCOTT and Chair- for pregnancy-related complications like I also submitted the same amend- man NADLER for their leadership. I pre-term labor, preeclampsia and hyper- ment to the Rules Committee so that urge my colleagues to support this bi- tensive disorders making reasonable accom- it could be debated today, but the partisan bill. modations on the job even more important,

VerDate Sep 11 2014 04:07 May 15, 2021 Jkt 019060 PO 00000 Frm 00006 Fmt 0636 Sfmt 0634 E:\CR\FM\K14MY7.009 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE May 14, 2021 CONGRESSIONAL RECORD — HOUSE H2325 and loss of wages and health insurance due lines. We must send a clear message PREGNANCY DISCRIMINATION, THE PDA, AND to pregnancy discrimination especially chal- that religious freedom is nonnego- YOUNG V. UPS, INC. lenging. tiable. Pregnancy and childbirth are often locus To date, thirty-one states including the Mr. SCOTT of Virginia. Mr. Speaker, points for discrimination against women in District of Columbia and four cities have the workforce. Policies excluding or forcing passed laws requiring employers to provide I yield such time as she may consume the discharge of pregnant women from the reasonable accommodations to pregnant to the gentlewoman from New Mexico workplace were common in the 1970s and re- workers. But the ability to maintain a (Ms. LEGER FERNANDEZ), a member of flected the stereotype that a woman’s pri- healthy pregnancy and keep a job should not the Committee on Education and mary or sole duties were to be a homemaker depend on where a pregnant person works. Labor. and raise children. The adoption of the Preg- Women are a crucial part of the workforce Ms. LEGER FERNANDEZ. Mr. nancy Discrimination Act (PDA) in 1978, an and their participation matters for the amendment to Title VII of the Civil Rights growth of our economy and for the stability Speaker, Sunday, we celebrated Moth- Act of 1964, established that discrimination and wellbeing of families nationwide. er’s Day. Today, we act to protect because of ‘‘pregnancy, childbirth, and re- The COVID–19 pandemic has exacerbated mothers-to-be. lated medical conditions’’ was a form of dis- the conditions of pregnant workers. Preg- Every pregnant worker deserves the crimination ‘‘because of sex.’’ It was in- nant people are at a higher risk of falling ill opportunity to support their family tended to dismantle the stereotype, and the from COVID–19 and experiencing complica- without risking the health of their policies based on it, that viewed pregnant tions, and thus require increased protections pregnancy. Yet, pregnant workers, es- women’s labor force participation as contin- against the virus. Since the beginning of the gent, temporary, and dispensable without re- pandemic, pregnant workers have experi- pecially those in low-wage and phys- gard to their individual capacity to do the enced increased levels of workplace discrimi- ically demanding jobs, are often forced job in question. nation by being denied accommodations and to choose between their health and a The PDA also required employers to treat leave. The Pregnant Workers Fairness Act paycheck. pregnant workers the same as other tempo- would ensure that pregnant workers have ac- The Pregnant Workers Fairness Act rarily disabled workers because Congress cess to the accommodations they need in recognized that working women contributed will correct these flaws in our system to their families’ economic stability and order to have a safe workplace experience. to ensure that pregnant women are The Pregnant Workers Fairness Act would should not have to choose between a career strengthen existing federal protections, en- treated fairly in the workplace. and continuing a pregnancy. Despite the sure more equitable workplaces and allow Women carried the brunt of losses PDA, pregnancy discrimination persists, and women to remain in the workforce and main- during the pandemic, losing a net 5.4 for many years courts routinely ruled tain their economic stability while having million jobs. We need to make it easier against workers who brought pregnancy ac- the accommodations necessary for healthy for them to get back to work, and that commodation cases where they alleged dis- crimination when an employer provided a pregnancies. It is time to clarify and must include pregnant women. strengthen existing federal protections for job modification to an employee temporarily pregnant workers by passing the Pregnant I am proud that my home State of unable to work but failed to do the same for Workers Fairness Act. New Mexico passed legislation to pro- a pregnant worker. Sincerely, tect pregnant workers, with bipartisan In Young v. United Parcel Service, Inc., the Supreme Court granted certiorari to resolve DEBRA L. NESS, support, last year. It is time for Con- a split in the Circuits and for the first time President, gress to do the same. addressed the PDA’s application in the con- National Partnership for Women & Families. Mr. Speaker, I include in the RECORD text of an employee who needed an accom- Ms. BONAMICI. Mr. Speaker, I urge a letter from the ACLU in support of modation due to pregnancy. The Court con- all of my colleagues to support this the Pregnant Workers Fairness Act. cluded that the statute’s mandate applied bill. MAY 11, 2021. with equal force in these circumstances and Ms. FOXX. Mr. Speaker, I yield 1 Re Vote YES for the Pregnant Workers Fair- articulated a modified analysis for failure- minute to the gentlewoman from Lou- ness Act (H.R. 1065). to-accommodate cases. The Court also of- fered a new pretext analysis that plaintiffs isiana (Ms. LETLOW). DEAR MEMBERS OF CONGRESS: On behalf of may rely on when litigating claims under Ms. LETLOW. Mr. Speaker, I rise the American Civil Liberties Union, and our the PDA’s second clause. Since Young, the today in opposition to H.R. 1065. more than 1.8 million members, supporters, reflexive approval of employer policies favor- As a working mother who has two and activists, we write to express our sup- ing workers with occupational injuries has beautiful children, I support reasonable port for H.R. 1065, the Pregnant Workers largely disappeared. However, the bright-line accommodations for pregnant workers. Fairness Act. This critical legislation would deference to employer policies, and the Many of the provisions in the Pregnant combat an all-too-common form of preg- overbroad reading of such policies as ‘‘preg- nancy discrimination while also providing nancy-blind,’’ has been replaced, in many in- Workers Fairness Act are admirable. employers much-needed clarity on their obli- However, it is equally important to stances, with an unduly demanding standard gations under the law. We urge all members for plaintiffs in making a showing of dif- protect First Amendment rights of our of the House of Representatives to vote in ferential treatment—even at the initial religious organizations, hospitals, and favor of this measured, bipartisan, and pleading stage, prior to having the benefit of schools, including those located in the longoverdue legislation. discovery. This trend undermines Young’s Fifth District of Louisiana. The ACLU has long fought to advance intent of demanding that employers justify Under this bill, organizations could women’s equality and opportunity by chal- failures to accommodate pregnancy. Instead, be forced to make employment-related lenging laws and policies that discriminate they impose unwarranted—and often insur- decisions that conflict with their faith against women in the workplace and by dis- mountable—burdens of proof on pregnant mantling the stereotypes that constrain and sacrifice their religious rights. For workers that increasingly confer ‘‘least fa- women’s full engagement and participation vored nation’’ status on the protected trait example, a faith-based employer could at work. Although the Pregnancy Discrimi- of pregnancy. The stories of clients the be deemed in violation of this bill if it nation Act has played a critical role over the ACLU has represented—both as direct coun- does not accommodate an employee’s past 40 years in securing women’s place in sel and as lead amicus—illustrate the harm: request for paid time off to undergo an the workforce, too many women continue to Lochren v. Suffolk County: Sandra Lochren abortion. be marginalized at work because of their de- and five other police officers sued the Suf- Also, if signed into law, this bill al- cision to become pregnant and have children. folk County Police Department (SCPD) for lows an independent and uncontrol- This kind of discriminatory treatment has refusing to temporarily reassign pregnant of- become most obvious when pregnant work- lable Federal agency to make addi- ficers to deskwork and other non-patrol jobs, ers—predominantly women in physically de- even though it did so for officers injured on tional rules and regulations that could manding or male-dominated jobs, low-wage the job. But for those officers who opted to further erode religious liberties. It workers, and women of color—request tem- keep working patrol, SCPD also failed to leaves decisionmaking in the hands of porary accommodations to address a medical provide bulletproof vests or gun belts that unelected government bureaucrats. need and instead are terminated or placed on would fit pregnant officers. Their only safe Therefore, Congress must include a unpaid leave, causing devastating economic option was to go on unpaid leave long before religious freedom exemption in the harm. The Pregnant Workers Fairness Act their due dates. base text of this bill. When it comes to would respond to this problem by requiring Cole v. SavaSeniorCare: When Jaimie Cole, a employers with fifteen or more employees to certified nursing assistant, was in her third religious freedom and pro-life issues, provide reasonable and temporary accom- trimester, she developed a high risk of we should not allow bureaucrats and modations to pregnant workers if doing so preeclampsia, a condition that can lead to potentially the judicial system to would not impose an undue hardship on the preterm labor or even death. Her doctor ad- make decisions by reading between the business. vised her not to do any heavy lifting. Cole’s

VerDate Sep 11 2014 04:07 May 15, 2021 Jkt 019060 PO 00000 Frm 00007 Fmt 0636 Sfmt 0634 E:\CR\FM\A14MY7.008 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE H2326 CONGRESSIONAL RECORD — HOUSE May 14, 2021 job required her to regularly help patients in to other conditions that qualify as disabil- ensure that all pregnant workers, not just and out of bed and assist with bathing, so she ities, the population of non-pregnant work- some, have the protections they need. asked for a temporary light duty assign- ers entitled to reasonable accommodation is It is time for Congress to act and pass the ment. Instead, her employer sent her home exponentially larger than when the PDA was Pregnant Workers Fairness Act. without pay for the rest of her pregnancy. enacted more than 40 years ago. Accordingly, Sincerely, Myers v. Hope Healthcare Center: Asia without such express entitlement to accom- RONALD NEWMAN, Myers, a certified nursing assistant, experi- modation, pregnant workers face an unten- National Political Di- enced complications early in her pregnancy able ‘‘least favored nation’’ status in the rector. and was told by her doctor that she could workplace. GILLIAN THOMAS, continue to work, but should not do any lift- The simple solution to this no-win situa- Senior Staff Attorney. ing on the job. Although her employer had a tion is the Pregnant Workers Fairness Act. VANIA LEVEILLE, history of providing light duty to workers This legislation, modeled after the ADA and Senior Legislative with temporary lifting restrictions, Myers using a framework familiar to most employ- Counsel. ers, takes a thoughtful and measured ap- was told not to return to work until her re- b 0930 strictions were lifted. She was out of work proach to balancing the needs of working for over a month with no income or health people and employers by requiring businesses Ms. FOXX. Mr. Speaker, I yield 2 insurance coverage. with fifteen or more employees to provide minutes to the gentleman from Idaho workers with temporary, reasonable accom- Hicks v. City of Tuscaloosa: Stephanie (Mr. FULCHER). Hicks, a narcotics investigator with the Tus- modation for known limitations related to pregnancy, childbirth, or related medical Mr. FULCHER. Mr. Speaker, there is caloosa Police Department in Alabama, no question that pregnant workers wanted to breastfeed her new baby, but her conditions if doing so would not place an bulletproof vest was restrictive, painful, and undue hardship on business. It also prohibits should be treated fairly and be pro- prone to causing infection in her breasts. employers from forcing a pregnant employee vided with reasonable accommodations She asked for a desk job but her employer re- to take a leave of absence if a reasonable ac- in the workforce. We are all in favor of fused, even though it routinely granted desk commodation can be provided; prevents em- commonsense guidelines to ensure this. jobs to officers unable to fulfill all of their ployers from denying job opportunities to an Serving as a subcommittee ranking patrol duties. Instead, it offered her an ill- applicant or employee because of the individ- member in the Education and Labor fitting vest that put her at risk. ual’s need for a reasonable accommodation; Committee, I had the opportunity to Legg v. Ulster County: Corrections Officer prevents an employer from forcing an appli- cant or employee to accept a specific accom- dive deeply into this bill and partici- Ann Marie Legg was denied light duty during pate in the full committee markup. her pregnancy, even though Ulster County modation; and prohibits retaliation against gave such assignments to guards injured on individuals who seek to use PWFA to protect While much of this law is redundant the job. In her third trimester, Legg had to their rights. to the two laws that currently protect intervene in a fight, prompting her to go on At a time when women constitute nearly 60 pregnant workers, I agree with many of leave rather than face future risks. percent of the workforce and contribute sig- the provisions in the bill, and it was Allen v. AT&T Mobility: Cynthia Allen lost nificantly to their families’ economic well- substantially improved from the being, passage of PWFA is a dire necessity. her job because she accumulated too many version introduced in 2019. ‘‘points’’ under AT&T Mobility’s punitive at- When a pregnant worker is forced to quit, co- erced into taking unpaid leave, or fired be- During our markup, I asked for an tendance policy due to pregnancy-related amendment to clarify one specific pro- symptoms such as nausea. The policy makes cause her employer refuses to provide a tem- accommodation for late arrivals, early de- porary job modification, the economic im- vision before lending my support. My partures, and absences due to thirteen enu- pact can be severe; if she is the sole or pri- provision singles out religious organi- merated reasons, some medical and some mary breadwinner for her children, as nearly zations by removing the exemption not, but none due to pregnancy and preg- half of working women are, her entire family found in nearly every civil rights bill, nancy-related symptoms. will be without an income when they most including the Civil Rights Act. Durham v. Rural/ Metro Corp: Michelle Dur- need it. She further may be denied unem- Because each religion has its own ployment benefits because she is considered ham was an EMT in Alabama whose job unique customs, requirements, and tra- often required her to lift patients on stretch- to have left her job voluntarily. She may have few if any additional resources on ditions, it is not reasonable to mandate ers into an ambulance. When she became employment decisions that conflict pregnant, her health care provider imposed a which to rely. PWFA ensures that women restriction on heavy lifting. Durham asked would not face such devastating con- with people’s faith. Rural/Metro for a temporary modified duty sequences. Instead, it treats pregnancy for By not including this longstanding assignment during her pregnancy, but was what it is—a normal condition of employ- Civil Rights Act provision, H.R. 1065 is rejected, despite the company’s policy of giv- ment. likely to create legal risk for religious ing such assignments to others. She was told PWFA promotes women’s health. Accom- organizations. Pregnancy-discrimina- her only option was to take unpaid leave. modations make a difference in physically demanding jobs (requiring long hours, stand- tion or pregnancy-accommodation laws WHY CONGRESS SHOULD PASS THE PREGNANT ing, lifting heavy objects, etc.) where the in at least 16 States and the District of WORKERS FAIRNESS ACT risk of preterm delivery and low birth weight Columbia also include a provision simi- It is indisputable that Young was an im- are significant. The failure to provide ac- lar to the Civil Rights Act religious or- portant step forward to combat pregnancy commodations can be linked to miscarriages ganizations protection. discrimination. Yet, too many pregnant and premature babies who suffer from a vari- By adding a simple reference in H.R. workers continue to face insurmountable ob- ety of ailments. This bill would be an impor- 1065 to the Civil Rights Act, we can stacles in HR offices, where employers mis- tant contribution in the fight to improve harmonize the bill with current law understand their obligations under the PDA, maternal health and mortality. and in courtrooms across the country, where There is also a strong business case for and ensure that religious organizations judges use Young to hinder access to needed PWFA. Providing pregnant employees with receive the same protections as out- accommodations. Despite the clear mandates reasonable accommodations increases work- lined in the Civil Rights Act. This is of the PDA, the current legal landscape er productivity, retention, and morale, and the only reasonable thing to do. leaves exposed and unprotected those preg- reduces health care costs associated with Mr. SCOTT of Virginia. Mr. Speaker, nant workers who want to continue working pregnancy complications. PWFA can also re- I yield 1 minute to the gentlewoman while maintaining a healthy pregnancy. duce litigation costs by providing greater from Georgia (Mrs. MCBATH), a member Similarly, many pregnant workers have clarity regarding an employer’s legal obliga- of the Education and Labor Com- not found protection or recourse under the tions to pregnant workers. In fact, the U.S. Americans with Disabilities Act of 1990 be- Chamber of Commerce stated that PWFA mittee. cause absent complications, pregnancy is not would establish ‘‘clear guidelines and a bal- Mrs. MCBATH. Mr. Speaker, I thank considered a disability that substantially anced process that works for employers and Chairman SCOTT for bringing this vital limits a major life activity. This legal re- employees alike.’’ Additionally, a group of legislation to the floor. ality means that many of the symptoms of a leading private sector employers expressed The Pregnant Workers Fairness Act normal pregnancy that can disrupt a work- their support for PWFA and noted ‘‘women’s will ensure that no pregnant woman is er’s ability to do her job—such as extreme labor force participation is critical to the unfairly forced out of their job or risk fatigue, morning sickness, or limitations on strength of our companies, the growth of our their health just simply to earn a pay- her mobility—are not entitled to accommo- economy and the financial security of most check. Our mothers deserve these Fed- dation. Moreover, many pregnant workers modern families.’’ seek accommodation precisely because they Finally, 30 states across the political and eral protections. wish to avoid the conditions that might dis- ideological spectrum have recognized the I believe that we all want to support able them or endanger their pregnancy. Yet benefits of providing reasonable accommoda- our working mothers. Allowing these because the ADA is so expansive with respect tions to pregnant workers. Congress should simple accommodations can make the

VerDate Sep 11 2014 01:48 May 15, 2021 Jkt 019060 PO 00000 Frm 00008 Fmt 0636 Sfmt 0634 E:\CR\FM\A14MY7.011 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE May 14, 2021 CONGRESSIONAL RECORD — HOUSE H2327 difference between being forced out of The Sustainable Food Policy Alliance: that wants to deny anyone any oppor- a job and providing a living for them- Danone North America, White Plains, NY; tunity. selves and for their families. Mars Incorporated, McLean, VA; Nestle´ This is a fair assessment. I know it Twenty-seven States have already USA, Arlington, VA; Unilever United States, personally because I was denied a job Englewood Cliffs, NJ. passed laws that require certain em- because I was nursing. A job was taken ployers to provide accommodations to Mrs. MCBATH. Mr. Speaker, I urge away from me. When I was pregnant pregnant women. It is time for Federal all my colleagues to vote ‘‘yes’’ on this and was about to give birth, there was action to ensure that all pregnant legislation. no definition of pregnancy leave for my women are protected from discrimina- Ms. FOXX. Mr. Speaker, I yield 1 position. At that time I was a lawyer, tion and can continue to support their minute to the gentlewoman from practicing law in a large firm, and it families. Michigan (Mrs. MCCLAIN). was, at best, two weeks and get back. This legislation is supported by both Mrs. MCCLAIN. Mr. Speaker, I rise So I understand that this is essential women’s health groups and the indus- today in objection to the Pregnant for those workers in working condi- try. Workers Fairness Act. tions where they do not have the power Mr. Speaker, I include in the RECORD This bill was so close to being a bi- to be protected, that they are doing a letter from major employers and partisan bill. In fact, I was ready to heavy lifting, that they have phys- leaders in the business community vote ‘‘yes’’ on it because, as the major- ically demanding jobs, that they are across the country that are voicing ity of people, I do not believe in dis- the sole provider of their family. support for this legislation. crimination. But at the very last This is important. Black and Latino minute, the majority had to throw in a OPEN LETTER IN SUPPORT OF THE PREGNANT women particularly suffer, minority provision to actually allow discrimina- WORKERS FAIRNESS ACT FROM LEADING PRI- women, particularly a burden. VATE-SECTOR EMPLOYERS tion in a bill that is supposed to be Three in ten pregnant workers are about nondiscrimination—the very last MARCH 15, 2021. employed in four of the occupations DEAR MEMBERS OF CONGRESS: Women’s minute. that make up the backbone of our com- labor force participation is critical to the Ranking Member FOXX offered an munities. We must have this bill. strength of our companies, the growth of our amendment to protect and not to dis- I ask my colleagues to support this economy and the financial security of most criminate against religious organiza- legislation. modern families. The private sector and our tions. Mr. Speaker, I include in the RECORD nation’s elected leaders must work together Guess what the majority did? a letter from the disabled community, to ensure that working women and families They voted it down. mental health community, United Spi- have the protections and opportunities they Remember, this is supposed to be a need to participate fully and equally in the nal Association, and others. workplace. Twenty-eight leading companies bill about not discriminating, yet we MAY 11, 2021. from across states and industries have come vote this down. Re Support for Pregnant Workers Fairness together in support of pregnant workers and Although the bill sounds good, and as Act, H.R. 1065. their families by calling on Congress to pass a woman—and I will say I am a Hon. BOBBY SCOTT, H.R. 2694, the bipartisan Pregnant Workers woman—as a mother—and I am proud Chairman, Committee on Education and Labor, Fairness Act, without delay. to be a mother—I was also pregnant House of Representatives, Washington DC. More than 40 years ago, Congress passed and a worker. So I believe in fairness. Hon. VIRGINIA FOXX, the Pregnancy Discrimination Act of 1978, I believe in nondiscrimination. I be- Ranking Member, Committee on Education and which made it illegal to discriminate against Labor, House of Representatives, Wash- most working people on the basis of preg- lieve in protecting the rights of those individuals. ington DC. nancy, childbirth or related medical condi- DEAR CHAIRMAN SCOTT AND RANKING MEM- tions. Since that time, 30 states and the Dis- But let’s stop playing games in Con- BER FOXX: As co-chairs of the Consortium for trict of Columbia now require certain em- gress. Let’s actually start protecting Citizens with Disabilities (CCD) Rights Task ployers to provide accommodations to preg- the people who need protection, and Force, we write in strong support of the nant employees at work. It’s now time to let’s get to work. Pregnant Workers Fairness Act, H.R. 1065. clarify and strengthen existing federal pro- Mr. SCOTT of Virginia. Mr. Speaker, CCD is the largest coalition of national orga- tections for pregnant workers by passing the nizations working together to advocate for Pregnant Workers Fairness Act. This bill I yield 2 minutes to the gentlewoman from Texas (Ms. JACKSON LEE). federal public policy that ensures the self-de- would ensure that pregnant workers who termination, independence, empowerment, need reasonable accommodations can receive Ms. JACKSON LEE. Mr. Speaker, I integration and inclusion of children and them and continue to do their jobs. thank the distinguished gentleman adults with disabilities in all aspects of soci- As a business community, we strive to cre- from Virginia for his kindness. ate more equitable workplaces and better ety. This has to pass today if we have any The Americans with Disabilities Act support pregnant workers and their families sense of fairness not only to women, (ADA)’s mandate that covered employers every day. We urge the passage of the Preg- but to our children. make reasonable accommodations to ensure nant Workers Fairness Act as an important equal opportunity for applicants and employ- advancement toward ensuring the health, The Pregnant Workers Fairness Act ees with disabilities has been tremendously safety and productivity of our modern work- would establish that private-sector em- important in helping people with disabilities force—and the workforce of tomorrow. ployers with more than 15 employees, Signed: and public-sector employers must secure and maintain employment. While the Adobe, San Jose, CA; Amalgamate Bank, ADA does not cover pregnancy itself as a dis- make reasonable accommodations for ability, in light of the ADA Amendments New York, NY; AnitaB.org, Belmont, CA; pregnant employees, job applicants, BASF Corporation, Florham Park, NJ; Act, which lowered the standard for dem- Care.com, Inc., Waltham, MA; Chobani, Nor- and individuals with known limitations onstrating a disability from what the courts wich, NY; Cigna Corp., Bloomfield, CT; Dow, related to pregnancy, childbirth, or re- had previously applied, many pregnant work- Midland, MI; Expedia Group, Seattle, WA; lated medical conditions. ers who experience pregnancy-related com- Facebook, Menlo Park, CA; Gap Inc., San Pregnant workers and individuals plications should be covered as people with Francisco, CA; H&M USA, New York, NY; with known limitations related to disabilities and entitled to reasonable ac- ICM Partners, Los Angeles, Ca. pregnancy, childbirth, or related med- commodations under the ADA. Yet many J. Crew, New York, NY; Johnson & John- ical conditions cannot be denied em- courts have continued to interpret the son, New Brunswick, NJ; L’Ore´al USA, New ADA’s coverage narrowly, and in practice, York, NY; Levi Strauss & Co., San Fran- ployment. large numbers of pregnant workers are not cisco, CA; Madewell, Long Island City, NY; The Supreme Court decision, just re- offered reasonable accommodations. Fur- Mastercard, Purchase, NY; Microsoft Cor- cently, in 2015, that allowed pregnant thermore, a clear pregnancy accommodation poration, Redmond, WA; Navient, LLC., Wil- workers to bring reasonable accommo- standard will help prevent pregnancy-related mington, DE; National Association of Manu- dation discrimination claims is not complications before they arise. Such ac- factures, Washington, DC; Patagonia, Ven- enough because pregnant workers are commodations should be provided to preg- tura, CA; Paypal, San Jose, CA; Postmates, still being denied accommodations, be- nant workers so that they can remain in the San Francisco, CA. cause the Young decision set an unrea- workforce and not lose their employment Salesforce, San Francisco, CA; Society of simply because they experience pregnancy- Women Engineers, Chicago, IL; Spotify, New sonably high standard for proving dis- related limitations. York, NY; Square, Inc., San Francisco, CA; crimination. The accommodation requirement of H.R. Sun Life, Wellesley, MA; U.S. Women’s This is not discrimination. I have 1065 is limited, as is the ADA’s accommoda- Chamber of Commerce, Washington, DC. never seen a religious organization tion requirement, to those accommodations

VerDate Sep 11 2014 04:07 May 15, 2021 Jkt 019060 PO 00000 Frm 00009 Fmt 0636 Sfmt 0634 E:\CR\FM\K14MY7.012 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE H2328 CONGRESSIONAL RECORD — HOUSE May 14, 2021 that are reasonable and would not impose an uals make adjustments in their work activi- sive bleeding, and other devastating health undue hardship. That standard takes into ac- ties to sustain a healthy pregnancy and pre- consequences. Black women have the highest count the needs of employers while also en- vent adverse pregnancy outcomes, including incidence of preterm birth and yet we know suring that pregnant workers can stay on preterm birth or miscarriage. These medi- that workplace accommodations such as re- the job with reasonable accommodations. cally necessary workplace accommodations ducing heavy lifting, bending, or excessive This protection is critical not only for preg- can include allowing additional bathroom standing can help prevent preterm birth, the nant workers but for our national economy. breaks, opportunities to stay hydrated, lift- leading cause of infant mortality in this The Pregnant Workers Fairness Act is par- ing restrictions, or access to a chair or stool country. ticularly important to people with disabil- to decrease time spent standing. Black women also experience higher rates ities. Many people with disabilities who did Unfortunately, too many pregnant work- of preeclampsia, which is one of the leading not require accommodations before becom- ers, particularly pregnant people of color, causes of maternal mortality. We are still ing pregnant experience new complications face barriers to incorporating even these learning about how to prevent this dan- due to how pregnancy impacts their disabil- small changes to their workdays. For exam- gerous medical condition, yet we know that ities, and need accommodations once they ple, Black women experience maternal mor- simply allowing workers to take bathroom become pregnant. These workers are some- tality rates three to four times higher than breaks can prevent urinary tract infections times told that they are not entitled to ac- white women, with Indigenous women simi- which are ‘‘strongly associated with commodations because the employer views larly experiencing disproportionately high preeclampsia. Similarly, ensuring pregnant workers can drink a sufficient amount of the need for accommodation as related to rates. The circumstances surrounding these water can also help pregnant workers main- pregnancy rather than to the worker’s un- alarming statistics can often be attributed tain their blood pressure which is critically derlying disability. to a lack of access to care, including due to important since hypertensive disorders (high We thank the Committee for moving the inflexible workplaces, and deep biases in ra- blood pressure) are also a leading cause of bill forward and urge all members of the cial understanding. Various social deter- maternal morbidity and mortality. By put- House of Representatives to vote for the minants such as health, education, and eco- nomic status drastically influence the out- ting a national pregnancy accommodation Pregnant Workers Fairness Act and oppose standard in place, the Pregnant Workers any motion to recommit. comes of pregnancy for Black women leading to severe pregnancy-related complications. Fairness Act has the potential to improve Sincerely, some of the most serious health con- JENNIFER MATHIS, As the Black Mamas Matter Alliance has pointed out ‘‘Health is determined in part by sequences Black pregnant people experience. Bazelon Center for Furthermore, the Pregnant Workers Fair- Mental Health Law. our access to social and economic opportuni- ties, the resources and supports that are ness Act will help remove one of the many STEPHEN LIEBERMAN, available in the places where we live, and the barriers Black pregnant people face at work United Spinal Associa- by ensuring they are afforded immediate re- tion. safety of our workplaces . . . however, dis- parities in these conditions of daily life give lief under the law, and not thrown into fi- ALLISON NICHOL, nancial dire straits for needing pregnancy some people better opportunities to be Epilepsy Foundation. accommodations. healthy than others.’’ Black pregnant work- KELLY BUCKLAND, The Pregnant Workers Fairness Act is a National Council on ers along with Latinx and immigrant women measured approach to a serious problem. As Independent Living. are disproportionately likely to work in organizations dedicated to maternal health physically demanding jobs that may lead to SAMANTHA CRANE, and closing racial disparities in pregnancy Autistic Self Advocacy workers needing modest accommodations to and birth outcomes, we understand the im- Network. ensure a healthy pregnancy. Too often, how- portance of reasonable workplace accom- ever, those requests are refused or ignored, MOLLY BURGDORF, modations to ensure that pregnant persons The Arc of the United forcing pregnant workers of color to dis- can continue to provide for their families States. proportionately contend with unsafe work- and have safe and healthy pregnancies. We Co-chairs, CCD Rights Task Force. ing conditions. collectively urge swift passage of the Preg- Furthermore, Black mothers have among nant Workers Fairness Act. Ms. JACKSON LEE. Mr. Speaker, I the highest labor force participation rates in Sincerely, include in the RECORD a letter rep- the country and 80 percent of Black mothers Black Mamas Matter Alliance; March of resenting organizations from Black are their family’s primary breadwinner. Yet, Dimes; National WIC Association; 1,000 Days; Mamas Matter Alliance, to March of historically, Black women have been ex- Academy of Nutrition and Dietetics; Amer- Dimes, to 1,000 Days to Academy of Nu- ploited in the workplace, and that exploi- ican Academy of Pediatrics; American Col- trition and Dietetics. tation continues to this day. Though Black lege of Obstetricians and Gynecologists; Ag- women only comprise 14.3 percent of the pop- ricultural Justice Project; Ancient Song MAY 11, 2021. ulation, nearly thirty percent of pregnancy Doula Services; Association of Maternal & Re Support the Pregnant Workers Fairness discrimination complaints are filed by Black Child Health Programs; Baobab Birth Collec- Act. women. This is because of the multiple forms tive; Black Women’s Health Imperative; DEAR REPRESENTATIVE: The undersigned of discrimination Black workers and other Breastfeeding in Combat Boots. organizations dedicated to assuring quality workers of color too often face in the work- California WIC Association; Centering Eq- maternal, infant, and child health and well- place. As scholar Nina Banks has noted, uity, Race & Cultural Literacy in Family being, improving pregnancy and birth out- ‘‘The legacy of black women’s employment Planning (CERCL-FP); Earth Action, Inc.; comes, and closing racial disparities in ma- in industries that lack worker protections Farmworker and Landscaper Advocacy ternal health enthusiastically support the has continued today since black women are Project; Farmworker Association of Florida; Pregnant Workers Fairness Act (H.R. 1065). concentrated in low-paying, inflexible serv- Feminist Women’s Health Center; First Modeled after the Americans with Disabil- ice occupations . . .’’ Black women in low Focus Campaign for Children; Healthy Moth- ities Act, the bill would require employers to wage jobs working during pregnancy face lit- ers, Healthy Babies Coalition of Georgia; provide reasonable, temporary workplace ac- tle support from employers when safeguards Healthy Women; Human Rights Watch; commodations to pregnant workers as long do not address pregnancy related accom- Mom2Mom Global; NARAL Pro-Choice America. as the accommodation does not impose an modations. Faced with the threat of termi- National Association of Nurse Practi- undue hardship on the employer. This bill is nation, loss of health insurance, or other tioners in Women’s Health; National Birth critically important because no one should benefits, Black pregnant people are often have to choose between having a healthy Equity Collaborative; National Partnership forced to keep working which can com- for Women & Families; National Women’s pregnancy and a paycheck. promise their health and the health of their Congress must do all it can to end the prej- Health Network; Nebraska WIC Association; pregnancy. Nurse-Family Partnership; Physicians for udice pregnant workers, especially Black Workplace accommodations help safeguard Reproductive Health; Planned Parenthood pregnant workers and workers of color, con- a healthy pregnancy or prevent harm to a Federation of America; Public Citizen, tinue to face in the workplace. This includes higher-risk pregnancy. Across the country, SisterReach; SisterSong National Women of making sure when pregnant workers voice a pregnant workers continue to be denied sim- Color Reproductive Justice Collective; U.S. need for reasonable accommodations that ple, no-cost or lowcost, temporary adjust- Breastfeeding Committee; Workplace Fair- those needs are met rather than penalized ments in their work settings or activities ness; Wisconsin WIC Association; ZERO TO and that the workplace is an environment and instead risk being fired or forced to take THREE. where pregnant workers do not fear asking unpaid leave to preserve the health of their for the accommodations they need to main- pregnancy. Ms. JACKSON LEE. Mr. Speaker, I tain their health. This impossible choice forces many preg- include in the RECORD a letter from the Three-quarters of women will be pregnant nant workers to continue working without YWCA dealing with 200 local organiza- and employed at some point in their lives.) accommodations, putting women and their tions in 45 States. (Most pregnant workers can expect a routine pregnancies at risk of long-lasting and se- YWCA USA, pregnancy and healthy birth. However, vere health consequences. When pregnant Washington, DC, May 11, 2021. health care professionals have consistently workers must continue working without ac- DEAR REPRESENTATIVE: On behalf of YWCA recommended that some pregnant individ- commodations, they risk miscarriage, exces- USA, a network of over 200 local associations

VerDate Sep 11 2014 01:48 May 15, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0636 Sfmt 0634 E:\CR\FM\A14MY7.009 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE May 14, 2021 CONGRESSIONAL RECORD — HOUSE H2329 in 45 states and the District of Columbia, I have begun to adopt policies similar to those modation so they can continue working with- write today to urge you to pass the Pregnant identified in the Pregnant Workers Fairness out jeopardizing their pregnancy. Workers Fairness Act (H.R. 1065). As the Act have reported reduced lawsuits and The Supreme Court’s landmark decision in economy continues to struggle under the greater employee morale. Providing reason- Young v. United Parcel Service, 575 U.S. —, weight of the COVID–19 pandemic dispropor- able accommodations for pregnant women tionately affecting women and marginalized will benefit both the employer and employ- No. 12–1226, 135 S.Ct. 1338; 191 L. Ed. 2d communities, there is no better time to take ees. 279 (2015) allowed pregnant workers to bring action to improve the economic security of No one should have to choose between reasonable accommodation discrimination women and families and strengthen our their paycheck and a healthy pregnancy—an claims under the PDA. economy. I urge you to pass H.R. 1065 with- issue only to be exacerbated by the pan- But pregnant workers are still being denied out delay. demic—and it’s time Congress took action to accommodations because the Young decision For over 160 years, YWCA has been on a protect pregnant workers. If passed, this bill mission to eliminate racism, empower set an unreasonably high standard for proving would take critical steps towards strength- discrimination, requiring workers to prove that women, and promote peace, justice, freedom, ening women’s economic security, particu- and dignity for all. From our earliest days larly at a time when the country continues their employers accommodated non-pregnant providing skills and housing support to to recover from the COVID–19 pandemic. At workers with similar limitations. women entering the workforce in the 1850s, this pivotal moment, Congress must take ag- The fact is, Mr. Speaker, there are no simi- YWCA has been at the forefront of the most gressive action to address the economic dis- lar conditions to pregnancy. pressing social movements—from voting parities disproportionately affecting women As a result, in two-thirds of cases after rights to civil rights, from affordable hous- and women of color. We urge you to pass the Young, courts ruled against pregnant workers ing to pay equity, from violence prevention Pregnant Workers Fairness Act (H.R 1065) to health care reform. Today, we serve over who were seeking accommodations under the today. PDA. 2 million women, girls and family members Thank you for your time and consider- of all ages and backgrounds in more than ation. Please contact Pam Yuen, YWCA USA Providing accommodations ensures that 1,200 communities each year. Director of Government Relations, if you women can work safely while pregnant instead Informed by our extensive history, the ex- have any questions. of getting pushed out of work at a time when pertise of our nationwide network, and our Sincerely, they may need their income the most. collective commitment to advocating for the ELISHA RHODES, The Pregnant Workers Fairness Act is espe- equity of women and families, we believe Interim CEO & Chief Operating Officer. that no one should have to choose between cially important considering that many preg- their livelihoods and their health, family, or Ms. JACKSON LEE. Mr. Speaker, nant workers hold physically demanding or safety. Yet far too many women and fami- women are in the workplace. They are hazardous jobs, and thus may be especially lies, including a disproportionate number of the backbone of this economy. We need likely to need reasonable accommodations at women and families of color, must make this to pass this legislation and pass it now. some point during their pregnancy. choice every day. This has become more I thank Mr. SCOTT and Mr. NADLER Mr. Speaker, research shows that pregnant clear as the effects of the COVID–19 pan- for their leadership. workers are likely to hold jobs that involve demic become more transparent. The impact of the COVID–19 pandemic has fallen heavily Mr. Speaker, as a senior member of the Ju- standing and making continuous movements, on women and women of color. Women are diciary, Homeland Security, and Budget Com- which can raise specific challenges during especially likely to be essential workers, but mittees, the Democratic Working Women Task pregnancy. they are also bearing the brunt of job losses, Force, the Founder and Co-Chair of the Con- Such physically demanding work—including while shouldering increased caregiving re- gressional Children’s Caucus, and as cospon- jobs that require prolonged standing, long sponsibilities that have pushed millions out sor, I rise in strong support of H.R. 1065, the work hours, irregular work schedules, heavy of the workforce entirely, resulting in an Pregnant Workers Fairness Act (PWFA), lifting, or high physical activity—carries an in- economic ‘‘Shesession’’. Black women, which would ensure that pregnant workers can creased risk of pre-term delivery and low birth Latinas, and other women of color are espe- weight. cially likely to be on the front lines of the continue to do their jobs and support their crisis, risking their lives in jobs in health families by requiring employers to make work- Twenty-one (20.9) percent of pregnant care, child care, and grocery stores, all while place adjustments for those workers who need workers are employed in low-wage jobs, which being paid less than their male counterparts. them due to pregnancy, childbirth, and related are particularly likely to be physically demand- Pregnant employees are no exception to this medical conditions, like breastfeeding. ing. situation and often forced out of work or The Pregnant Workers Fairness Act would Pregnant black and Latina women are dis- forced to risk their health due to unclear establish that private sector employers with proportionately represented in low-wage jobs, laws around pregnancy accommodations, more than 15 employees and public sector which means as a result, these workers are particularly during the pandemic. The bipartisan Pregnant Workers Fairness employers must make reasonable accom- especially likely to stand, walk or run continu- Act (H.R. 1065) takes critical steps to pro- modations for pregnant employees, job appli- ously during work, and therefore may be more mote healthy pregnancies and support the cants, and individuals with known limitations likely to need an accommodation at some economic security of pregnancy workers. related to pregnancy, childbirth, or related point during pregnancy to continue to work Today, women are a primary source of finan- medical conditions. safely. cial support for many families and bear sig- Similar to the Americans with Disabilities Three in ten pregnant workers are employed nificant caretaking responsibilities at home. Act, employers are not required to make an in four of the occupations that make up the At least half of all households in the U.S. accommodation if it imposes an undue hard- backbone of our communities: elementary with children under the age of 18 have either school teachers, nurses, and home health a single mother who heads a household or a ship on an employer’s business. married mother who provides at least 40 per- Pregnant workers and individuals with aides. cent of a family’s earnings. Additionally, known limitations related to pregnancy, child- Employers can accommodate pregnant more than four in five Black mothers birth, or related medical conditions cannot be workers because pregnant women make up a (81.1%), 67.1% of Native American mothers, denied employment opportunities, retaliated small share of the workforce, even in the oc- and 52.5% of Latina mothers are bread- against for requesting a reasonable accommo- cupations where they are most likely to work, winners. As demographics shifts and a higher dation, or forced to take paid or unpaid leave which means that only a very small share of number of women take their place in the if another reasonable accommodation is avail- an employer’s workforce is likely to require workforce, a higher number of pregnant able. pregnancy accommodations in any given year workers than ever before are working later into their pregnancies, often in physically Workers denied a reasonable accommoda- since less than two percent of all workers in demanding jobs without worker accommoda- tion under the Pregnant Workers Fairness Act the United States are pregnant each year. tions. As a result, too many pregnant work- will have the same rights and remedies as Not all pregnant workers require any form of ers are pushed out into unpaid leave or out those established under Title VII of the Civil accommodation at work, so only a fraction of of work altogether, threatening their fami- Rights Act of 1964, including recovery of lost that small fraction will need accommodations. lies’ economic security just when they need pay, compensatory damages, and reasonable For example, pregnant women are most the income the most. The Pregnant Workers attorneys’ fees. likely to work as elementary and middle school Fairness Act would require employers to pro- While the Pregnancy Discrimination Act teachers but only three percent (3.2 percent) vide reasonable accommodations to pregnant workers who need them, such as avoiding (PDA) and the Americans with Disabilities Act of all elementary and middle school teachers heavy lifting, taking more frequent bath- (ADA) provide some protections for pregnant are pregnant women. room breaks, sitting on a stool instead of workers, there is currently no federal law that But workers employed in four of the ten standing during a shift, or carrying a water explicitly and affirmatively guarantees all preg- most common occupations for pregnant work- bottle. States, localities, and businesses that nant workers the right to a reasonable accom- ers—retail salesperson; waiter or waitress;

VerDate Sep 11 2014 04:07 May 15, 2021 Jkt 019060 PO 00000 Frm 00011 Fmt 0636 Sfmt 9920 E:\CR\FM\A14MY7.018 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE H2330 CONGRESSIONAL RECORD — HOUSE May 14, 2021 nursing, psychiatric and home health aide; and How can they claim this with a have to choose between having a healthy cashier—who report continuously standing on straight face when they minimize the pregnancy and a paycheck. sanctity of life and the family? Congress must do all it can to end the prej- the job would particularly benefit from this leg- udice pregnant workers, especially Black islation. Democrats say they are pro-choice. pregnant workers and workers of color, con- Mr. Speaker, prolonged standing at work So you would think they must at least tinue to face in the workplace. This includes has been shown to more than triple the odds be okay with the choice of some reli- making sure when pregnant workers voice a of pregnant women taking leave during preg- gious employers to object to helping need for reasonable accommodations that nancy or becoming unemployed. their employees get an abortion and those needs are met rather than penalized Another four of the ten most common occu- would provide an accommodation for and that the workplace is an environment pations for pregnant workers—waiter or wait- religious reasons under this bill. where pregnant workers do not fear asking It would seem reasonable for some- for the accommodations they need to main- ress; nursing, psychiatric and home health tain their health. aide; cashier; and secretaries and administra- one who says they are pro-choice to Three-quarters of women will be pregnant tive assistants—involve making repetitive mo- support the notion that if someone gets and employed at some point in their lives. tions continuously on the job which have been an abortion, they can’t force their em- Most pregnant workers can expect a routine shown to increase the likelihood of pregnant ployer to be part of this choice. pregnancy and healthy birth. However, women taking sick leave. But Democrats refuse to allow lan- health care professionals have consistently Pregnant workers in low-wage jobs are par- guage to protect religious freedom in recommended that some pregnant individ- this bill. The fact is, Democrats are uals make adjustments in their work activi- ticularly in need of this legislation granting ties to sustain a healthy pregnancy and pre- them the clear legal right to receive accom- only pro-choice when the choice is vent adverse pregnancy outcomes, including modations because, in addition to the phys- abortion, the taking of innocent preterm birth or miscarriage. These medi- ically demanding nature of their jobs, they human life. cally necessary workplace accommodations often face inflexible workplace cultures that Protections already exist for preg- can include allowing additional bathroom make it difficult to informally address preg- nant workers through the Pregnancy breaks, opportunities to stay hydrated, lift- nancy-related needs. Discrimination Act and the Americans ing restrictions, or access to a chair or stool For instance, workplace flexibility—such as with Disabilities Act. to decrease time spent standing. I oppose these additional heavy-hand- Unfortunately, too many pregnant work- the ability to alter start and end times or take ers, particularly pregnant people of color, time off for a doctor’s appointment—is ex- ed regulations. I trust America’s small face barriers to incorporating even these tremely limited for workers in low-wage jobs. business owners to treat their employ- small changes to their workdays. For exam- Over 40 percent of full-time workers in low- ees fairly. I honor the constitutional ple, Black women experience maternal mor- wage jobs report that their employers do not mandate that States should make their tality rates three to four times higher than permit them to decide when to take breaks; own healthcare policy. white women, with Indigenous women simi- between two-thirds and three-quarters of full- Mr. SCOTT of Virginia. Mr. Speaker, larly experiencing disproportionately high rates. The circumstances surrounding these I yield 11⁄4 minutes to the gentlewoman time workers in low-wage jobs report that they alarming statistics can often be attributed from Florida (Ms. WASSERMAN are unable to choose their start and quit times; to a lack of access to care, including due to and roughly half report having very little or no SCHULTZ). inflexible workplaces, and deep biases in ra- control over the scheduling of hours more Ms. WASSERMAN SCHULTZ. Mr. cial understanding. Various social deter- generally. Speaker, I rise in strong support of the minants such as health, education, and eco- The second most common occupation for Pregnant Workers Fairness Act, a bi- nomic status drastically influence the out- pregnant Latinas—maids and housekeeping partisan proposal that will finally se- comes of pregnancy for Black women leading cleaners—is especially physically demanding cure clear protection for pregnant to severe pregnancy-related complications. workers. As the Black Mamas Matter Alliance has because, according to the data, 80 percent of pointed out ‘‘Health is determined in part by maids and housekeeping cleaners stood con- Pregnant women should not have to risk their lives on the job. Yet, too our access to social and economic opportuni- tinuously, 38 percent were exposed to disease ties, the resources and supports that are daily, and 70 percent walked or ran continu- often, instead of offering accommoda- available in the places where we live, and the ously on the job. tions routinely given to other employ- safety of our Workplaces . . . however, dis- Occupations that have seen the most ees, a pregnant worker risks termi- parities in these conditions of daily life give growth among pregnant women in the past nation, meaning she loses her paycheck some people better opportunities to be decade expose many workers to disease or and health insurance right when she healthy than others. Black pregnant workers needs them the most. along with Latinx and immigrant women are infection daily; depending on the disease, this disproportionately likely to work in phys- can pose particular challenges to some preg- We know that COVID–19 has exacer- bated health inequalities for women, ically demanding jobs that may lead to nant workers at some points during preg- workers needing modest accommodations to nancy. especially women of color. Before the pandemic, moms in the ensure a healthy pregnancy. Too often, how- When pregnant workers are exposed to ever, those requests are refused or ignored, some diseases, they face particular risks; U.S. already struggled and died from forcing pregnant workers of color to dis- pregnant women with rubella are at risk for pregnancy-related causes at the high- proportionately contend with unsafe work- miscarriage or stillbirth and their developing est rate in the developed world, with ing conditions. Black moms dying three to four times Furthermore, Black mothers have among fetuses are at risk for severe birth defects. the highest labor force participation rates in Mr. Speaker, no one should have to choose the rate of their White peers. Mr. Speaker, I include in the RECORD the country and 80 percent of Black mothers between a paycheck and a healthy pregnancy, a letter on behalf of maternal health are their family’s primary breadwinner. Yet, which is why they should have clear rights to historically, Black women have been ex- organizations who support putting a reasonable accommodations on the job to en- ploited in the workplace, and that exploi- national pregnancy accommodation sure they are not forced off the job at the mo- tation continues to this day. Though Black standard in place. ment they can least afford it. women only comprise 14.3 percent of the pop- MAY 11, 2021. ulation, nearly thirty percent of pregnancy I urge all Members to join me in voting for Re Support the Pregnant Workers Fairness H.R. 1065, the Pregnant Workers Fairness discrimination complaints are filed by Black Act. women. This is because of the multiple forms Act. DEAR REPRESENTATIVE: The undersigned of discrimination Black workers and other Ms. FOXX. Mr. Speaker, I yield 1 organizations dedicated to assuring quality workers of color too often face in the work- minute to the gentleman from Virginia maternal, infant, and child health and well- place. As scholar Nina Banks has noted, (Mr. GOOD). being, improving pregnancy and birth out- ‘‘The legacy of black women’s employment Mr. GOOD of Virginia. Mr. Speaker, comes, and closing racial disparities in ma- in industries that lack worker protections it amazes me that House Democrats ternal health enthusiastically support the has continued today since black women are are claiming to champion the cause of Pregnant Workers Fairness Act (H.R. 1065). concentrated in low-paying, inflexible serv- pregnant worker fairness when they Modeled after the Americans with Disabil- ice occupations . . .’’ Black women in low are so radically anti-life. ities Act, the bill would require employers to wage jobs working during pregnancy face lit- provide reasonable, temporary workplace ac- tle support from employers when safeguards How can Democrats claim to support commodations to pregnant workers as long do not address pregnancy related accom- fairness or champion pregnancy when as the accommodation does not impose an modations. Faced with the threat of termi- they support taxpayer-funded abortion undue hardship on the employer. This bill is nation, loss of health insurance, or other for any reason at any time on demand? critically important because no one should benefits, Black pregnant people are often

VerDate Sep 11 2014 01:48 May 15, 2021 Jkt 019060 PO 00000 Frm 00012 Fmt 0636 Sfmt 0634 E:\CR\FM\A14MY7.019 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE May 14, 2021 CONGRESSIONAL RECORD — HOUSE H2331 forced to keep working which can com- National Association of Nurse Practi- Mr. Speaker, I reserve the balance of promise their health and the health of their tioners in Women’s Health; National Birth my time. pregnancy. Equity Collaborative; National Partnership Mr. SCOTT of Virginia. Mr. Speaker, Workplace accommodations help safeguard for Women & Families; National Women’s I yield 4 minutes to the gentleman a healthy pregnancy or prevent harm to a Health Network; National Women’s Law from New York (Mr. KATKO), the lead higher-risk pregnancy. Across the country, Center; Nebraska WIC Association; Nurse- pregnant workers continue to be denied sim- Family Partnership; Physicians for Repro- cosponsor of this legislation. ple, no-cost or lowcost, temporary adjust- ductive Health; Planned Parenthood Federa- Mr. KATKO. Mr. Speaker, I rise in ments in their work settings or activities tion of America; Public Citizen; SisterReach; strong support of the Pregnant Work- and instead risk being fired or forced to take SisterSong National Women of Color Repro- ers Fairness Act. unpaid leave to preserve the health of their ductive Justice Collective; U.S. I was proud to join Chairman NADLER pregnancy. Breastfeeding Committee; Workplace Fair- and Representatives Herrera Beutler, This impossible choice forces many preg- ness; Wisconsin WIC Association; ZERO TO McBath, and Scott in introducing this nant workers to continue working without THREE. accommodations, putting women and their important bipartisan bill. pregnancies at risk of long-lasting and se- Ms. WASSERMAN SCHULTZ. Mr. This legislation addresses a seem- vere health consequences. When pregnant Speaker, the Pregnant Workers Fair- ingly simple issue that I have no doubt workers must continue working without ac- ness Act can improve some of the most everyone in this Chamber agrees with. commodations, they risk miscarriage, exces- serious health consequences Black No mother or mother-to-be should have sive bleeding, and other devastating health pregnant women experience in the to choose between being a parent and consequences. Black women have the highest workplace. keeping their job. incidence of preterm birth and yet we know Federal protections for pregnant This commonsense notion is, unfor- that workplace accommodations such as re- workers are stuck in the 1950s. In 2021, tunately, not the reality in many ducing heavy lifting, bending, or excessive it is past time for workplaces to ac- standing can help prevent preterm birth, the places in the United States. leading cause of infant mortality in this commodate our families and protect all Before my home State of New York country. pregnant workers. It is women and passed a law prohibiting discrimination Black women also experience higher rates families who keep our economy and against pregnant workers, I heard far of preeclampsia, which is one of the leading communities running. too many stories of pregnant women causes of maternal mortality. We are still Mr. Speaker, I urge my colleagues to facing discrimination in the workforce learning about how to prevent this dan- vote ‘‘yes.’’ and having to choose between a gerous medical condition, yet we know that Ms. FOXX. Mr. Speaker, I yield my- healthy pregnancy and a paycheck. simply allowing workers to take bathroom self such time as I may consume. There was Yvette, a single mother of breaks can prevent urinary tract infections Mr. Speaker, Democrats claim it is which are ‘‘strongly associated with three, who worked in the same grocery preeclampsia.’’ Similarly, ensuring pregnant not necessary to incorporate the reli- store for 11 years. Having suffered mis- workers can drink a sufficient amount of gious organization protection from the carriages in the past, she knew her water can also help pregnant workers main- Civil Rights Act in H.R. 1065 because pregnancy was high risk, and she gave tain their blood pressure, which is critically the bill does not repeal that provision her employer a doctor’s note with a important since hypertensive disorders (high and it will still be effective if the bill lifting restriction. blood pressure) are also a leading cause of becomes law. I strongly disagree. Instead, she was fired, despite the maternal morbidity and mortality. By put- H.R. 1065 will create legal jeopardy fact that an employee with a shoulder ting a national pregnancy accommodation for religious organizations, as I have injury had been accommodated with standard in place, the Pregnant Workers previously stated. Fairness Act has the potential to improve lighter work. But for the sake of argument, let’s some of the most serious health con- b 0945 sequences Black pregnant people experience. assume the provision is superfluous. Furthermore, the Pregnant Workers Fair- What would be the harm in including She lost her health insurance and ness Act will help remove one of the many the Civil Rights Act provision in H.R. had to go on Medicaid. She and her barriers Black pregnant people face at work 1065? family survived on food stamps and by ensuring they are afforded immediate re- At worst, the provision would be du- savings. lief under the law, and not thrown into fi- plicative with the Civil Rights Act, Then there was Hilda, an employee at nancial dire straits for needing pregnancy causing no harm to workers or employ- a Dollar Tree who worked there for 3 accommodations. ers. years when she became pregnant. As The Pregnant Workers Fairness Act is a her pregnancy progressed, it became measured approach to a serious problem. As Let’s remember that the Americans organizations dedicated to maternal health with Disabilities Act of 1990, better painful to stand at the cash register for and closing racial disparities in pregnancy known as the ADA, includes a religious 8 hours to 10 hours at a time. Denied and birth outcomes, we understand the im- organization protection similar to the her request for a stool, she began to ex- portance of reasonable workplace accom- one in the Civil Rights Act of 1964. The perience severe complications, includ- modations to ensure that pregnant persons ADA provision has caused no harm. ing bleeding and premature labor can continue to provide for their families My conclusion is that the key spon- pains, and was put on bed rest. With no and have safe and healthy pregnancies. We sors of H.R. 1065 are saying the quiet paid leave, she and her family strug- collectively urge swift passage of the Preg- part out loud in their opposition to the gled to make ends meet. nant Workers Fairness Act. These women and others who have Sincerely, religious organization protection in the Black Mamas Matter Alliance; March of Civil Rights Act of 1964. been subject to similar discrimination Dimes; National WIC Association; 1,000 Days; I have reached this conclusion be- in the workforce suffered an unthink- A Better Balance; Academy of Nutrition and cause Democrats have also claimed able physical and financial toll. The Dietetics; American Academy of Pediatrics; that the Civil Rights Act provision is Pregnant Workers Fairness Act en- American Civil Liberties Union; American overinclusive, to begin with, and would sures that going forward, no woman College of Obstetricians and Gynecologists; provide too much protection in this in- will face this type of discrimination. Agricultural Justice Project; Ancient Song stance. This bipartisan bill provides preg- Doula Services; Association of Maternal & nant workers with an affirmative right Child Health Programs; Baobab Birth Collec- Are Democrats saying that the exist- tive. ing Civil Rights Act protection for reli- to reasonable—and I stress the word Black Women’s Health Imperative; gious organizations should also be re- ‘‘reasonable’’—accommodations in the Breastfeeding in Combat Boots; California pealed? workplace while creating a clear and WIC Association; Centering Equity, Race & Again, this is a provision that has navigable standard for employers to Cultural Literacy in Family Planning been law for 56 years. follow. These accommodations are (CERCL-FP); Earth Action, Inc.; Farm- As I have stated previously, the long- minor, as simple as providing an em- worker and Landscaper Advocacy Project; standing Civil Rights Act religious or- ployee with extra restroom breaks or a Farmworker Association of Florida; Femi- ganization protection should be added nist Women’s Health Center; First Focus stool to sit on. Campaign for Children; Healthy Mothers, to H.R. 1065. At worst, it would do no This bill is not a hiring statute and Healthy Babies Coalition of Georgia; Healthy harm. At best, it will prevent religious does not amend or eliminate existing Women; Human Rights Watch; Mom2Mom organizations from being required to religious freedom protections. The ar- Global; NARAL Pro-Choice America. violate their faith. guments against this bill made by

VerDate Sep 11 2014 01:48 May 15, 2021 Jkt 019060 PO 00000 Frm 00013 Fmt 0636 Sfmt 0634 E:\CR\FM\A14MY7.013 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE H2332 CONGRESSIONAL RECORD — HOUSE May 14, 2021 some Members of my own party are Workers Fairness Act. Passing the 850 congregations across North America en- based on inaccuracies or wrongfully de- PWFA means that a small business or compass approximately 1.8 million Reform tract from the importance of this com- religious organization could be forced Jews, and the Central Conference of Amer- monsense policy. to provide paid time off for an em- ican Rabbis, whose membership includes more than 2,000 Reform rabbis, to express our This bill is a product of extensive bi- ployee to have an abortion or other support for the Pregnant Workers Fairness partisan negotiation and collaboration concerning procedures. Act (H.R. 1065). with advocates and the business com- Instead of working to improve our Over 40 years since the passage of the Preg- munity. Reflecting the widespread sup- systems to support families and the nancy Discrimination Act in 1978, pregnant port for this legislation, the bill has re- workplace, the Democrats are going workers still face unjust barriers in the ceived numerous endorsements from after our First Amendment freedom of workplace. No worker should have to choose the business community, including the religion. Religious freedom is a bed- between their pregnancy and their family’s U.S. Chamber of Commerce, as well as rock principle of this country, and we financial security, yet due to the lack of ex- plicit protections for pregnant workers need- over 180 women’s health, labor, and must protect the ability of all Ameri- ing onsite accommodations for medical or civil rights organizations. cans to act in accordance with their safety reasons, countless workers confront Mr. Speaker, I include in the RECORD conscience. The Federal Government the agonizing choice between risking their a letter of support from a coalition of must never infringe on this sacred health and facing forced leave, lost benefits, business groups, including the U.S. right. or possible termination. Chamber of Commerce, SHRM, and the Religious organizations should be al- As the inequitable impact of the pandemic National Retail Federation. lowed to make religiously based em- has highlighted, People of Color are more likely to hold demanding, inflexible jobs MAY 13, 2021. ployment decisions, and States should where they face tradeoffs between their work TO THE MEMBERS OF THE U.S. HOUSE OF be the leaders in this, not the Federal and their health. Illegal pregnancy discrimi- REPRESENTATIVES: We urge Congress to pass Government. nation and denial of workplace accommoda- H.R. 1065, the ‘‘Pregnant Workers Fairness We have laws currently in place to tions, which disproportionately affect preg- Act.’’ This bill would provide pregnant em- protect discrimination in the work- nant People of Color, contribute to the Black ployees with important workplace protec- place. The PWFA does not protect reli- maternal health crisis and other forms of ra- tions while also making sure employers have cial inequity. clear and flexible options to ensure pregnant gious employers with the same protec- tions contained in the Civil Rights Act The Pregnant Workers Fairness Act employees can remain at work for as long as (PWFA) would mitigate these disparities by they wish. of 1964. For these reasons and more, I requiring employers to provide reasonable, The Pregnant Workers Fairness Act, as re- oppose the Pregnant Workers Fairness temporary accommodations to pregnant ported by the House Education and Labor Act. workers so that they can remain in the Committee, is a balanced approach that Mr. SCOTT of Virginia. Mr. Speaker, workforce throughout their pregnancies. By clarifies an employer’s obligation to accom- I yield myself 15 seconds to briefly re- requiring temporary adjustments similar to modate the known limitations of employees spond to the fact that, first of all, this the accommodations employers already and job applicants that accompany preg- must provide through the Americans with nancy. This legislation uses an interactive, only applies to those employers with 15 workers or more. Furthermore, the Re- Disabilities Act (ADA), pregnant workers reasonable accommodation process similar would no longer be forced to choose between to the Americans with Disabilities Act and ligious Freedom Restoration Act and their pregnancies and their paychecks. specifies a pregnant employee may take First Amendment still apply. It is hard According to the ancient rabbis, workers leave only after the employer and employee to imagine any religious objection to should not be put in the position where they have exhausted the possibility of other rea- giving a pregnant worker water or an have ‘‘to starve or afflict themselves in order sonable accommodations. extra bathroom break, and there to feed their children’’ (Tosefta Bava Metzia This bipartisan bill is a strong reminder haven’t been any complaints to the 8:2). We are similarly taught that the fair that through good faith negotiations, legis- treatment of all workers is a matter of lative solutions to important workplace EEOC about the failure to do that. At this time I yield 1 minute to the tzedek, or justice. These moral imperatives questions and problems can be found. We be- guide our support for the bipartisan Preg- lieve that Congress should pass H.R. 1065 gentlewoman from Illinois (Ms. SCHA- nant Workers Fairness Act, and we strongly with no changes. KOWSKY). urge Congress to pass this bill to ameliorate Sincerely, Ms. SCHAKOWSKY. Mr. Speaker, the impact of discrimination against preg- Associated Builders and Contractors, pregnant women should never have to nant people in the workplace. BASF Corporation, College and Univer- choose between maintaining a healthy Sincerely, sity Professional Association for BARBARA WEINSTEIN, Human Resources, Dow, HR Policy As- pregnancy and their paycheck. This critical bill will ensure that Director of the Commission on sociation, International Franchise As- Social Action of Reform Judaism. sociation, National Restaurant Asso- pregnant women get accommodations ciation, National Retail Federation, when they need them without facing Ms. FOXX. I yield myself such time pH-D Feminine Health, Retail Industry discrimination and/or retaliation at as I may consume. Leaders Association, Society for work. It will especially help low-paid Mr. Speaker, in their statements sup- Human Resource Management, U.S. women—largely women of color and porting H.R. 1065, Democrat Members Chamber of Commerce. immigrants—working in jobs that re- have encouraged the House to follow Mr. KATKO. Fundamental protec- quire prolonged standing, long hours, the examples of States that have en- tions for mothers and soon-to-be moth- irregular schedules, and heavy lifting acted pregnancy accommodation laws. ers in the workplace are long overdue. or physical activity. However, the majority of these States I strongly urge my colleagues to sup- Many people can work just fine with- have laws that include important pro- port this commonsense, critical legis- out accommodations through their tections for religious organizations. lation. pregnancy. However, some in phys- At least 15 States and the District of Ms. FOXX. Mr. Speaker, I yield 2 ically demanding jobs need a tem- Columbia have pregnancy discrimina- minutes to the gentlewoman from Illi- porary adjustment of their job duties tion, or pregnancy accommodation nois (Mrs. MILLER). and perhaps some rules during preg- laws, that include a religious organiza- Mrs. MILLER of Illinois. Mr. Speak- nancy so that they can continue to tion protection similar to section 702 of er, I rise in opposition to H.R. 1065, the work and support their families. the Civil Rights Act. The States in- Pregnant Workers Fairness Act. The Pregnant Workers Fairness Act clude Arkansas, Hawaii, Iowa, Maine, The policy choices we make here in is long overdue, and we think that it is Nebraska, New Jersey, New York, Ohio, Congress about labor should be made to common sense. Oklahoma, South Carolina, Tennessee, support the family and our freedoms. Mr. Speaker, I include in the RECORD Texas, Utah, Wisconsin, and Wyoming. This is because work, family, and free- a letter from the Religious Action Cen- Kentucky’s pregnancy accommoda- dom support and need each other. If ter of Reform Judaism. tion law, which was highlighted by a one of these aspects is weakened, the Democrat-invited witness at a hearing RELIGIOUS ACTION CENTER whole chain is weakened as well. OF REFORM JUDAISM, on the Pregnant Workers Fairness Act The Federal Government is, once Washington, DC, May 11, 2021. as a successful workable solution, in- again, overreaching into our freedoms DEAR MEMBER OF CONGRESS: I write on be- cludes a limited religious organization as Americans with this Pregnant half of the Union for Reform Judaism, whose protection very similar to section 702

VerDate Sep 11 2014 01:48 May 15, 2021 Jkt 019060 PO 00000 Frm 00014 Fmt 0636 Sfmt 0634 E:\CR\FM\K14MY7.019 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE May 14, 2021 CONGRESSIONAL RECORD — HOUSE H2333 of the Civil Rights Act. Unfortunately, uniforms to work in. Many of these hard- pregnant. Pregnant workers are often the bill before us today omits this ships can lead to an increased risk of pre- passed over for promotions, forced out needed provision. term delivery and low birth rate. In addition, on leave, whether paid or unpaid, and If we are to follow the example of for far too many working women, being preg- sometimes even fired. As we have seen these States and recommendations nant can still mean losing a job, being denied a promotion, or not being hired in the first time and again, these policies dis- from congressional testimony, then a place. And, while women are the majority of proportionately impact women of color provision protecting religious organi- the U.S. workforce, these realities perpet- and low-wage hourly workers. zations should be added to H.R. 1065. uate challenges that no employee should We all agree that pregnancy is not a Mr. Speaker, I reserve the balance of have to face. disability, but sometimes pregnant my time. H.R. 1065 is also important because many workers need an easy fix, such as a Mr. SCOTT of Virginia. Mr. Speaker, pregnant women are front-line workers who stool or an extra bathroom break, to I yield 1 minute to the gentlewoman hold physically demanding or hazardous stay on the job. These accommodations from Michigan (Ms. STEVENS), a mem- jobs. Now more than ever, pregnant women are short in duration, and typically ber of the Committee on Education and working on the front lines and deemed essen- tial by their employers face the risk of get- cost very little to provide, but they can Labor. ting sick because of the coronavirus pan- mean the difference between keeping Ms. STEVENS. Mr. Speaker, just a demic. Many of them also lack access to paid your job or putting your pregnancy at few weeks ago, the Census reported sick leave forcing them to choose between a risk. that the U.S. population grew at its paycheck and their health. At no time Given the low cost of these accom- slowest rate since the Great Depres- should anyone ever be forced to choose be- modations, we must ask why so many sion. Birth rates are falling for the tween financial security and a healthy preg- employers are unwilling to provide sixth year in a row. nancy especially during the coronavirus pan- them and keep their pregnant workers demic with countless women working on the A recent Harvard Business Review employed. The answer, unfortunately, study declared that the United States front lines. While many states have adopted laws requiring reasonable accommodations, is that for many employers, a pregnant has the most family-hostile policies of current federal law does not plainly state employee embodies negative gender any industrialized country in the that workers have a right to ask for them to stereotypes regarding motherhood and world. This is a wake-up moment for reduce pregnancy complications without pregnancy. Society still expects women us, and this is why H.R. 1065, the Preg- jeopardizing their employment. Pregnant to conform to stereotypical notions nant Workers Fairness Act, couldn’t be women’s lives and livelihood are on the line that to be a good parent, you must more important, particularly for the when they cannot work safely. This bill is choose between pregnancy and work. unheard, the suffering expectant moth- essential to promote gender equity, healthy This harmful stereotype puts work- er who has to time when she can go to pregnancies, children and family wellness, and the economic security of pregnant and ing women in an impossible position of the bathroom. parenting women over the course of their having to choose between their fam- I hear from teachers all across Michi- terms. ily’s health and their financial well- gan who explain this to me: the woman AFSCME strongly supports H.R. 1065 and being. While pregnancy may create who is bleeding and bloating and won- urges you to vote for its passage. some known physical limitations, this dering when she can check in with her Sincerely, choice between work and pregnancy is doctor, and then being egregiously BAILEY K. CHILDERS, a fallacy and can be remedied with a pushed out of the workplace. Director of Federal Government Affairs. reasonable accommodation. Despite re- We are talking about stools, we are Ms. FOXX. Mr. Speaker, I yield my- peated attempts by Congress over the talking about a place for a pregnant self such time as I may consume. years to address this persistent gender woman to sit in the workplace. That is Mr. Speaker, I appreciate that the discrimination, many employers still why it is so joyous, Mr. Speaker, that U.S. Chamber of Commerce worked view pregnancy and work as incompat- this bill today is bipartisan. with the Education and Labor Com- ible. Mr. Speaker, I include in the RECORD mittee to make improvements to the Current law continues to allow em- a letter in support of this legislation Pregnant Workers Fairness Act. How- ployers to simply force most pregnant on behalf of the 1.4 million AFSCME ever, the Chamber does have few, if workers out on leave rather than even workers. any, religious organizations as mem- considering providing an accommoda- AFSCME, bers. Therefore, it is understandable tion. The Americans with Disabilities Washington, DC, May 11, 2021. they would not take the position on Act does require employers to accom- HOUSE OF REPRESENTATIVES, protections for these organizations. modate a pregnant worker if her work Washington, DC. As Members of Congress, we should DEAR REPRESENTATIVE: On behalf of the 1.4 limitations rise to the disability im- million members of the American Federation ensure that the legislation we consider pacting one or more major life func- of State, County and Municipal Employees is fair to all and does not infringe on tions. Women who have limitations (AFSCME), I urge you to support the Preg- fundamental rights. that do not rise to this level are not nant Workers Fairness Act (PWFA) (H.R. The religious organization protection protected under the ADA, which was 1065). This legislation would ensure that that I am advocating, which comes not designed to address pregnancy-re- pregnant workers get adequate accommoda- from the Civil Rights Act, will ensure lated gender discrimination. tions when they need them without facing religious organizations are not com- Furthermore, the courts have ham- retaliation in the workplace. It also prevents pelled to make decisions that violate employers from refusing to make reasonable strung other attempts by Congress to accommodations for pregnant workers unless their faith. address pregnancy-related gender dis- it poses an undue hardship on an employer. H.R. 1065 should include the religious crimination. Courts have interpreted More than four decades after Congress organization protection from the Civil the Pregnancy Discrimination Act to passed the Pregnancy Discrimination Act Rights Act, which would not detract only require employers to provide an (PDA) of 1978, women still face inequality in from any of the provisions included in accommodation if they also accommo- the workplace when they become pregnant. the bill. date nonpregnant employees similar in While the PDA prohibits discrimination Mr. Speaker, I reserve the balance of their ability or inability to work and against employees based on pregnancy, childbirth or related medical conditions, my time. employed in similar working condi- pregnancy discrimination is still prevalent. Mr. SCOTT of Virginia. Mr. Speaker, tions. In 2015, the Supreme Court ruled in Young v. I yield 5 minutes to the gentleman In order to prove discrimination, UPS to allow pregnant workers to bring dis- from New York (Mr. NADLER), the chair pregnant women must have perfect and crimination claims under the Pregnancy Dis- of the House Judiciary Committee and complete employment and medical his- crimination Act (PDA) of 1978. The Young sponsor of the legislation. tories for every other employee in their decision also set an unreasonably high stand- Mr. NADLER. Mr. Speaker, I thank workplace. It is obviously nearly im- ard for proving discrimination. Mr. KATKO for cosponsoring this bill. possible for employees to have that in- Research shows that 88 percent of first- time mothers worked during their last tri- For as long as women have been in formation, as evidenced by the fact mester. Employees who are pregnant are the workforce, they have faced dis- that in over two-thirds of cases, courts routinely denied water bottles, bathroom crimination because of their sex, which have sided with employers who denied breaks, stools to sit on, and larger fitting is only amplified when a woman is a pregnant worker accommodation.

VerDate Sep 11 2014 01:48 May 15, 2021 Jkt 019060 PO 00000 Frm 00015 Fmt 0636 Sfmt 0634 E:\CR\FM\K14MY7.021 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE H2334 CONGRESSIONAL RECORD — HOUSE May 14, 2021 Current law lets women fall through & Labor Committee in March 2021 and Octo- lost pay for missing those shifts as a result. the cracks in every sector of our econ- ber 2019, as well as in A Better Balance’s She also worried about being called to the omy, including the public sector. Take, May 2019 report, Long Overdue. We urge you COVID unit shift constantly. Without the for example, the story of Devyn Wil- to support healthy pregnancies, protect preg- law on their side, these women had little nant workers’ livelihoods, and end the sys- legal recourse because they lived in a state liams, a correctional officer trainee temic devaluation of women of color and without a state-level pregnant workers fair- with the Alabama Department of Cor- vote YES on the Pregnant Workers Fairness ness law. rections. From the moment Ms. Wil- Act. Although the pandemic has shined a spot- liams told her employer she was preg- A Better Balance is a national non-profit light on these issues, the stories we heard in nant, they started a campaign to fire legal organization that advances justice for 2020 are in many ways similar to those we’ve her. workers so they can care for themselves and been hearing for over a decade. ln 2012, their loved ones without sacrificing their Armanda Legros was forced out of her job at b 1000 economic security. Since our founding, we an armored truck company because her em- have seen day in and day out the injustices ployer would not accommodate her lifting When she presented a note from her that pregnant workers continue to face be- doctor requesting to be excused from a restriction. Without an income, she strug- cause they need modest, temporary preg- gled to feed her newborn and young child. As monthly physical training session dur- nancy accommodations and have led the ing her pregnancy, the State fired her. she told the Senate Health, Education, movement at the federal, state, and local Labor, and Pensions committee in a hearing level to ensure pregnant workers can receive Her employer actually wrote an email in 2014, ‘‘Once my baby arrived just putting the accommodations they need to remain stating that her doctor’s note gave food on the table for him and my four-year- healthy and working. As I wrote in my 2012 them grounds to dismiss Ms. Williams. old was a challenge. I was forced to use Op-Ed in The New York Times ‘‘Pregnant Even with that email in her posses- water in his cereal at times because I could and Pushed Out of Job,’’ which sparked the not afford milk.’’ The need for the Pregnant sion, Ms. Williams is still litigating her PWFA’s introduction in Congress, ‘‘[Gaps in Workers Fairness Act preceded our current case 5 years later. No one should have our civil rights laws leave this enormous public health crisis and will remain in place to go to Federal court to get a simple class without the right to the modest accom- beyond the pandemic, until the law is passed. accommodation to safely stay on the modations that would protect them.’’ As a job while pregnant. result, ‘‘for many women, a choice between CURRENT FEDERAL LAW IS FAILING PREGNANT The bipartisan Pregnant Workers working under unhealthy conditions and not WORKERS: THE PREGNANT WORKERS FAIRNESS working is no choice at all.’’ ACT IS THE SOLUTION Fairness Act before us today will close We founded A Better Balance 15 years ago this gap in the law and create an af- Gaps in federal law, namely the Pregnancy because we recognized that a lack of fair and Discrimination Act (PDA) and Americans firmative right to accommodation for supportive work-family laws and policies— all pregnant workers. Using the famil- with Disabilities Act (ADA), mean many the ‘‘care crisis’’—was disproportionately pregnant workers in need of accommodation iar language of the ADA as a frame- harming women, especially Black and Latina are without legal protection in states that work, the bill requires employers to mothers, in low-wage jobs. As I recently do not have statewide PWFA protections. As provide reasonable accommodations to shared before Congress, ‘‘This bias and in- we explained in our report Long Overdue, pregnant workers as long as the accom- flexibility often kicks in when women be- ‘‘[w]hile the PDA bans pregnancy discrimi- come pregnant and then snowballs into last- nation, it requires employers to make ac- modation does not impose an undue ing economic disadvantage. We call this the hardship on the employer. commodations only if they accommodate ‘pregnancy penalty’—and since day one, A other workers, or if an employee unearths Courts know exactly how to interpret Better Balance has recognized it as a key that language. evidence of discrimination. The Americans barrier to gender equality in America.’’ with Disabilities Act requires employers to Through our free, national legal helpline, The SPEAKER pro tempore. The provide reasonable accommodations to work- we have spoken with thousands of pregnant time of the gentleman has expired. ers with disabilities, which can include some workers, disproportionately women of color, Mr. SCOTT of Virginia. Mr. Speaker, pregnancy-related disabilities. However, who have been fired or forced on to unpaid I yield the gentleman an additional 30 pregnancy itself is not a disability, leaving a leave for needing accommodations, often gap wherein many employers are in no way seconds. stripping them of their health insurance obligated to accommodate pregnant workers Mr. NADLER. Employers know ex- when they need it most, driving them into in need of immediate relief to stay healthy actly what their responsibilities will poverty, and at times, even homelessness. and on the job.’’ be. But most importantly, women will Other women we have assisted were denied have the certainty they can safely stay accommodations but needed to keep working Original analysis we conducted for Long Overdue found that even though the 2015 Su- on the job. to support themselves and their families and faced devastating health consequences, in- preme Court Young v. UPS case set a new That is why 30 States have passed legal standard for evaluating pregnancy ac- pregnancy accommodation laws simi- cluding miscarriage, preterm birth, birth complications, and other maternal health ef- commodation cases under the Pregnancy lar to the PWFA and over 200 business, fects. Discrimination Act, in two-thirds of cases civil rights, health, and labor organiza- In the past year alone, we have heard from decided since Young, employers were per- tions support the bill. women across the country who continue to mitted to deny pregnant workers accom- Mr. Speaker, I include in the RECORD face termination or are forced out for need- modations under the Pregnancy Discrimina- letters of support from two of those or- ing pregnancy accommodations, in situa- tion Act. As I shared in my recent testi- tions often exacerbated by the pandemic and mony, women are continuing to lose their ganizations, A Better Balance and the cases because of this uniquely burdensome National Women’s Law Center. economic crisis. Tesia, a retail store em- ployee from Missouri called us in 2020 after standard. MAY 11, 2021. she was forced to quit her job because her That statistic, as devastating as it is, does Re The Pregnant Workers Fairness Act (H.R. employer refused to let her carry a water not account for the vast majority of preg- 1065). bottle on the retail floor even though she nant workers who do not have the resources DEAR REPRESENTATIVE: On behalf of A Bet- was experiencing severe dehydration due to to vindicate their rights in court. Beyond ter Balance, I write to express our strong hot temperatures in the store this summer. being resource strapped, most pregnant support for the Pregnant Workers Fairness A massage therapist from Pennsylvania workers we hear from do not have the desire Act (‘‘PWFA’’; H.R. 1065). This legislation called us in June 2020 requesting to return to to engage in time-consuming and stressful will ensure pregnant workers, particularly work on a part-time basis on the advice of litigation. They want to be able to receive an low-income workers and women of color, are her OB-GYN after experiencing cramping in accommodation so they can continue work- not forced to choose between their paycheck her uterus. Her employer responded that ing at the jobs they care about while main- and a healthy pregnancy. The bill will re- they would not accommodate her and cut off taining a healthy pregnancy. quire employers to provide reasonable ac- all communication with her after that, forc- The Americans with Disabilities Act is commodations for pregnant workers unless ing her out of work just three months before also inadequate for pregnant workers for two doing so would impose an undue hardship on she was due to give birth. A nurse we spoke reasons. First, because pregnancy is not the employer, similar to the accommodation with from Pennsylvania who was six months itself a disability under current disability standard already in place for workers with pregnant requested to avoid assignment to law, a pregnant worker who has no complica- disabilities. the COVID–19 unit. Though her hospital was tions but seeks an accommodation in order Forty-two years after the passage of the not overwhelmed by the pandemic at that to avoid a complication, will not be able to Pregnancy Discrimination Act, pregnant time, had many empty beds, and other work- get an accommodation under the Americans workers still face rampant discrimination on ers were being sent home, her employer re- with Disabilities Act. Second, even though the job and treatment as second-class citi- fused her request and made heartless com- Congress expanded the Americans with Dis- zens, as I explained in detail in my Congres- ments mocking her need for accommodation. abilities Act in 2008, courts have interpreted sional testimony before the House Education She decided not to jeopardize her health and the ADA Amendments Act in a way that did

VerDate Sep 11 2014 04:07 May 15, 2021 Jkt 019060 PO 00000 Frm 00016 Fmt 0636 Sfmt 0634 E:\CR\FM\K14MY7.022 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE May 14, 2021 CONGRESSIONAL RECORD — HOUSE H2335 little to expand coverage even for those preg- not alone. Three more of her coworkers, also accommodation can be provided. The bill nant workers with serious health complica- Black, miscarried after supervisors dis- also includes clear anti-retaliation language tions. As one court concluded in 2018, ‘‘Al- missed their requests for reprieve from such that employers cannot punish pregnant though the 2008 amendments broadened the heavy lifting. As Cherisse Scott, CEO of workers for requesting or using an accommo- ADA ’s definition of disability, these changes Memphis-based SisterReach, explained ‘‘It dation. This is critical as many pregnant only have had a modest impact when applied doesn’t surprise me that this is the culture workers often do not ask for accommoda- to pregnancy-related conditions.’’ of that workplace. I think it’s important to tions because they are afraid they will face THE PREGNANT WORKERS FAIRNESS ACT IS A look at the fact that since we arrived here in repercussions for requesting or needing an accommodation. CRITICAL ECONOMIC SECURITY, MATERNAL chains, we [Black women] were regarded as Critically, the Pregnant Workers Fairness HEALTH, AND RACIAL JUSTICE MEASURE producers to fuel a labor force that couldn’t care less for us . . .’’ The Pregnant Workers Act is also very clear that a pregnant worker Pregnant workers who are fired or forced Fairness Act will ensure pregnant workers need not have a disability as defined by the on to unpaid leave for needing accommoda- and their health are valued and that Black Americans with Disabilities Act in order to tions face significant economic hardship. In mothers, especially, are not treated as ex- merit accommodations under the law. Rath- addition to losing their livelihood, many of pendable on the job. er, the bill indicates that pregnant workers these workers lose their health benefits at a with ‘‘known limitations related to preg- THE PREGNANT WORKERS FAIRNESS ACT IS A BI- time when they need them most, forcing nancy, childbirth, and related medical condi- PARTISAN BILL THAT HAS THE SUPPORT OF them to switch providers, delay medical tions’’ are entitled to reasonable accom- THIS COUNTRY’S LARGEST BUSINESS GROUPS care, or face staggering health care costs as- modations. ‘‘Known limitations’’ is defined sociated with pregnancy and childbirth. The Pregnant Workers Fairness Act is not as a ‘‘physical or mental condition related Many workers must use up saved paid or un- a partisan bill. Not only does it have strong to, affected by, or arising out of pregnancy, paid leave they had hoped to reserve to re- bipartisan support in Congress, but thirty childbirth, or related medical conditions cover from childbirth. We worked with one states and five cities including Tennessee, that the employee or employee’s representa- woman who was eight months pregnant and Kentucky, South Carolina, West Virginia, Il- tive has communicated to the employer whose hours were cut after she needed an ac- linois, Nebraska, and Utah already have laws whether or not such condition meets the def- commodation which meant she also lost her requiring employers to provide accommoda- inition of disability’’ as set forth in the health insurance. As a result, she asked her tions for pregnant employees. All of the laws Americans with Disabilities Act. This ad- doctor if they could induce her labor early, passed in recent years are highly similar to dresses the two challenges with the ADA despite the health risks in doing so, so that the federal legislation, and all passed with outlined above. she would not be left facing exorbitant med- bipartisan, and often unanimous, support.’’ Now, more than ever, the Pregnant Work- ical bills. In the long term, being pushed out Many, including Tennessee’s and Ken- ers Fairness Act is an urgent maternal for needing pregnancy accommodations also tucky’s, were championed by Republican leg- health, racial justice, and economic security exacerbates the gender wage gap, as it means islators. measure to keep pregnant workers healthy not only a loss of pay, but also losing out on Pregnant workers are a vital part of our and earning a paycheck. We cannot delay many types of benefits such as 401K and re- economy. Three-quarters of women will be justice and fairness for pregnant workers tirement contributions, social security con- both pregnant and employed at some point any longer. For the sake of this country’s tributions, pensions, as well as opportunities during their lives’’ Ensuring pregnant work- pregnant workers and our nation’s families, for promotion and growth. ers can remain healthy and attached to the we implore Congress to put aside its many To be clear, most pregnant workers may workforce is an issue of critical importance, differences and pass this legislation with a not need accommodations. However, for especially as this country faces a dev- strong bipartisan vote. We ask every Member those who do, reasonable accommodations astating economic crisis. That is why lead- of Congress to vote YES on the Pregnant can avert significant health risks. For in- ing business groups like the U.S. Chamber of Workers Fairness Act. It is long overdue. stance, in a Health Impact Assessment of Commerce, Society for Human Resources Sincerely, state level pregnant workers fairness legisla- Management, many major corporations, and DINA BAKST, tion, the Louisville, Kentucky Department local chambers around the country includ- Co-Founder & Co-President, of Public Health and Wellness concluded, ing, Greater Louisville Inc., one of Ken- A Better Balance. ‘‘Accommodating pregnant workers, upon tucky’s leading chambers of commerce, sup- -- their request, is critical for reducing poor port this measure. The PWFA will provide MAY 11, 2021. health outcomes . . . Improving birth out- much needed clarity in the law which will DEAR MEMBER OF CONGRESS: On behalf of comes makes a sustainable impact for a life- lead to informal and upfront resolutions be- the National Women’s Law Center, we urge time of better health.’’ The report noted that tween employers and employees and help you to pass the Pregnant Workers Fairness those poor health outcomes can include mis- prevent problems before they start. Further- Act (H.R. 1065). The National Women’s Law Center (‘‘the Center’’) has worked for nearly carriage, preterm birth, low birth weight, more, accommodations are short term and 50 years to advance and protect women’s preeclampsia (a serious condition and lead- low cost. The Pregnant Workers Fairness equality and opportunity—and since its ing cause of maternal mortality), among Act will help employers retain valuable em- founding has fought for the rights of preg- other issues. According to the March of ployees and reduce high turnover and train- nant women in the workplace. For the last Dimes, in the U.S., nearly 1 in 10 babies are ing costs. The reasonable accommodation nine years, the Center has been a leader in born pre-term and the preterm birth rate framework is also borrowed from the Amer- advocating for the Pregnant Workers Fair- among Black women is nearly fifty percent ican with Disabilities Act framework so em- ness Act, and for pregnancy accommodation higher than it is for all other women. ployers are already familiar with the stand- protections in states across the country. We Preterm birth/low birthweight is a leading ard. Furthermore, keeping pregnant workers are eager to build on the momentum from cause of infant mortality in America. The employed saves taxpayers money in the form of unemployment insurance and other public September 2020, when the bill passed with Pregnant Workers Fairness Act is a key overwhelming bipartisan support in the measure to reduce poor maternal and infant benefits. THE PREGNANT WORKERS FAIRNESS ACT USES A House, 329–73. health outcomes. The Pregnant Workers Fairness Act would FAMILIAR FRAMEWORK THAT PROVIDES KEY Pregnancy accommodations are also a key clarify the law for employers and employees PROTECTIONS TO PREGNANT WORKERS AND solution, among many, needed to address the alike, requiring employers to make reason- CLARITY TO EMPLOYERS Black maternal and infant health crisis. Sys- able accommodations for limitations arising temic racism has led to the shameful reality The Pregnant Workers Fairness Act has out of pregnancy, childbirth, and related that Black women in this country are three several key provisions that will address the medical conditions, just as they already do to four times likelier to die from pregnancy- inequality pregnant workers continue to face for disabilities. Providing accommodations related causes than white women, and Black at work. Employers, including private em- ensures that women can work safely while babies are more than two times as likely to ployers with fifteen or more employees, will pregnant instead of being pushed out of work die in the first year of life than white babies. be required to provide reasonable accom- at a time when their families need their in- At the same time, we know Black women modations to qualified employees absent come the most. also face devastating health consequences undue hardship on the employer. Both the Even before the COVID–19 pandemic, preg- when they are unable to obtain needed preg- term ‘‘reasonable accommodation’’ and nant workers were all too often denied medi- nancy accommodations to maintain their ‘‘undue hardship’’ have the same definition cally needed accommodations—including health and the health of their pregnancies. as outlined in the American with Disabilities simple accommodations like a stool to sit on When Tasha Mureil, a Black woman who Act. Similar to the Americans with Disabil- during a long shift or a bottle of water at a worked at a warehouse in Tennessee, re- ities Act, employers and employees will en- workstation. COVID–19 has only increased ceived a doctor’s note saying she needed a gage in an interactive process in order to de- the need for clarity regarding employers’ ob- lifting restriction and complained of extreme termine an appropriate accommodation. In ligations to provide accommodations for stomach pain, she was forced to continue order to prevent employers from pushing pregnant workers. COVID–19 poses grave lifting on the job. One day, she told a super- pregnant employees out on leave when they risks for pregnant workers, who are urgently visor she was in pain and asked to leave need an accommodation, the bill specifies seeking, and far too often being denied, ac- early. Her manager said no. Tragically, she that an employer cannot require a pregnant commodations like proper personal protec- had a miscarriage the next day. Tasha was employee to take leave if another reasonable tive equipment, telework, moving to a less

VerDate Sep 11 2014 03:13 May 15, 2021 Jkt 019060 PO 00000 Frm 00017 Fmt 0636 Sfmt 0634 E:\CR\FM\A14MY7.021 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE H2336 CONGRESSIONAL RECORD — HOUSE May 14, 2021 crowded work area or changing start times We strongly urge you to support pregnant I would like to address the claim that so as not to risk riding public transit during workers by voting for the Pregnant Workers the Civil Rights Act’s protection for re- peak hours. The Pregnant Workers Fairness Fairness Act. ligious organizations is not needed in Act uses an already-familiar framework Sincerely, H.R. 1065 because these employers EMILY J. MARTIN, modeled on the Americans with Disabilities could raise the Religious Freedom Res- Act (ADA) to ensure that when such a re- Vice President for Education & Workplace, quest is made, employers and employees can Justice National Women’s Law Center. toration Act, RFRA, as a defense to a engage in an interactive process to deter- Mr. NADLER. Mr. Speaker, that is lawsuit. However, RFRA does not provide the mine whether the employee’s pregnancy re- why, last Congress, the House passed same protections for religious organi- lated limitations can be reasonably accom- identical legislation with an over- modated without an undue hardship to the zations as the Civil Rights Act. In fact, whelming bipartisan vote. But as the employer. This will help ensure that employ- RFRA’s provisions are much narrower economy reopens, the problem persists. ees are not forced to choose between a pay- than the protection for religious orga- The House must act again to pass this check and a healthy pregnancy. nizations in the Civil Rights Act. bill, and the Senate must take it up. Moreover, RFRA defenses are dif- The Pregnant Workers Fairness Act will Providing reasonable accommoda- close gaps and clarify ambiguities in the law ficult to win in court. Indeed, more tions to pregnant workers helps busi- that have left too many pregnant workers than 80 percent of the time, courts rule nesses, workers, and families. Passing unprotected for too long. The Pregnancy Dis- in favor of the government and against this bill is long overdue, and I urge a crimination Act (PDA), passed in 1978, guar- the person seeking protection under ‘‘yes’’ vote. antees the right not to be treated adversely RFRA. at work because of pregnancy, childbirth, or Ms. FOXX. Mr. Speaker, may I in- The claim that the Civil Rights Act’s related medical conditions, and the right to quire how much time is remaining. be treated at least as well as other employ- The SPEAKER pro tempore. The gen- longstanding religious organization ees ‘‘not so affected but similar in their abil- tlewoman from North Carolina has 14 protection does not need to be incor- ity or inability to work.’’ Unfortunately, minutes remaining. The gentleman porated in H.R. 1065 because of RFRA is many courts interpreted the PDA narrowly not persuasive. Indeed, the protection from Virginia has 93⁄4 minutes remain- and allowed employers to refuse to accom- should be added to the bill to ensure it modate workers with medical needs arising ing. Ms. FOXX. Mr. Speaker, I reserve the does not infringe on religious freedoms. out of pregnancy, even when they routinely Mr. Speaker, I reserve the balance of accommodated other physical limitations. In balance of my time. Mr. SCOTT of Virginia. Mr. Speaker, my time. Young v. UPS, the Supreme Court held that Mr. SCOTT of Virginia. Mr. Speaker, when an employer accommodates workers I yield 11⁄4 minutes to the gentleman I include in the RECORD a letter from who are similar to pregnant workers in their from Nebraska (Mr. FORTENBERRY). ability to work, it cannot refuse to accom- Mr. FORTENBERRY. Mr. Speaker, I dozens of religious organizations, in- modate pregnant workers who need it simply thank the gentleman from Virginia for cluding the Catholic Labor Network, because it ‘‘is more expensive or less conven- yielding. Jewish Women International, National ient’’ to accommodate pregnant women too. Mr. Speaker, you might notice a lit- Council of Churches, Union for Reform The Young decision was an important vic- tle smile on my face. Honestly, as I was Judaism, and United Church of Christ, tory for pregnant workers, but the standard walking over here to speak on the bill, Justice and Witness Ministries in sup- it set out still left many important questions port of the legislation as it is. unanswered and created uncertainty for em- I was reflecting on my own life as a fa- DEAR REPRESENTATIVE: On behalf of the ployers and employees about when exactly ther. undersigned religious and faith-based organi- the PDA requires pregnancy accommoda- I have five children. When two of my zations representing a diversity of faith tra- tions. In addition, the Americans with Dis- children were little, my wife was away ditions and communities across the nation, abilities Act (ADA) requires employers to from the house, and I was to meet her we write today in support of healthy work- make reasonable accommodations for em- somewhere. One needed their diaper place environments and conditions for preg- ployees with disabilities. However, courts changed, and then I had to feed the nant workers. We urge you to pass the Preg- have consistently held that pregnancy is not other. By the time I did that, the other nant Workers Fairness Act (H.R. 1065). Peo- a disability. The Pregnant Workers Fairness diaper had to be changed. My wife ple of faith across the ideological spectrum Act would fill the holes left in these protec- called me, and she said: ‘‘You can’t get understand that prioritizing the health and tions with a common-ground and common- out of the house, can you?’’ safety of pregnant workers should not be a sense approach that ensures pregnant work- partisan issue. The Pregnant Workers Fair- ers are accommodated when the accommoda- Mr. Speaker, pregnancy and mother- hood, of course, bring joy and unique ness Act would ensure that pregnant workers tions they need are reasonable and do not can continue safely working to support their pose an undue hardship to employers. challenges and call from all of us a families during a pregnancy. The bill re- Accommodating pregnant workers is not higher sense of duty. quires employers to make the same sort of only good for working women and families, My wife carried my children in their accommodations for pregnant workers as are it is good for business. Moreover, today, earliest formation, and I carried that already in place for workers with disabil- women make up about half the workforce. burden and opportunity to give them ities. More women are continuing to work while life in other ways. But if we can see Our faith traditions affirm the dignity of they are pregnant, through later stages of pregnancy as a part of community, a pregnant individuals and the moral impera- pregnancy. For example, two-thirds of journey of life for our good, the good of tive of ensuring their safety. We also affirm women who had their first child between 2006 the dignity of work and the obligation to all, and the good of our Nation, then treat workers justly. It is immoral for an and 2008 worked during pregnancy, and 88 we accept that it requires reasonable percent of these first-time mothers worked employer to force a worker to choose be- into their last trimester. When employers accommodation at work when someone tween a healthy pregnancy and earning a liv- accommodate pregnant workers, businesses is pregnant, when they are giving life ing. By passing the bipartisan Pregnant reap the benefits of avoiding the costs of to their child, or if they have nec- Workers Fairness Act (H.R. 1065), Congress turnover and keeping experienced employees essarily hard conditions. It is only the will ensure that workers who are pregnant on the job. And since pregnancy is tem- right thing to do, especially for those will be treated fairly in the workforce and porary, pregnancy accommodations are, by who are suffering. can continue earning income to support themselves and their families. Efforts to dis- definition, short-term; many of these accom- Now, as I have been listening to this modations are low and no cost. tract from the central goal of ensuring preg- debate, a concern has been raised about nant workers can maintain their health and The time is now to pass the Pregnant civil rights and religious organizations, the health of their pregnancies by inserting Workers Fairness Act. Thirty states and the considerations I am surprised that unnecessary, harmful, and politically divi- District of Columbia have enacted provisions haven’t been worked out before now. sive language into this bill undermines our explicitly granting pregnant employees the But let’s keep working on that and obligation to protect pregnant workers right to accommodations at work, from Mas- pass this important bill. across our country. sachusetts, New York, and California, to Ms. FOXX. Mr. Speaker, I yield my- While many pregnant individuals continue South Carolina, Utah, Nebraska, West Vir- working throughout their pregnancies with- ginia, and Tennessee. Millions of pregnant self such time as I may consume. out incident, there are instances when minor workers have benefitted from these protec- Mr. Speaker, being able to bear chil- accommodations are necessary at the work- tions, but a pregnant employee’s ability to dren is a great gift, and I am very place to ensure the safety of the expecting work safely should not depend on where she pleased that God gave me that oppor- mother and the baby. All too often, requests lives. tunity. for simple workplace accommodations like a

VerDate Sep 11 2014 04:34 May 15, 2021 Jkt 019060 PO 00000 Frm 00018 Fmt 0636 Sfmt 0634 E:\CR\FM\A14MY7.022 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE May 14, 2021 CONGRESSIONAL RECORD — HOUSE H2337 stool to sit, a water bottle, or a bathroom hold demanding, inflexible jobs where they its swift passage.’’—Rabbi Marla Feldman, break are denied. Within the COVID–19 con- face tradeoffs between their work and their Executive Director, Women of Reform text, such critical accommodations might health. Illegal pregnancy discrimination and Judaism include proper protective equipment, denial of workplace accommodations, which Mr. SCOTT of Virginia. Mr. Speaker, telework, or staggered work schedules that disproportionately affect pregnant People of I yield 1 minute to the gentleman from offer employees commute times which avoid Color, contribute to the Black maternal crowded public transportation and increased health crisis and other forms of racial in- Texas (Mr. GREEN). exposure. Currently, pregnant workers may equity. Congress must protect expectant par- Mr. GREEN of Texas. Mr. Speaker, continue to work without necessary accom- ents and pass the Pregnant Workers Fairness much has been said about the Civil modations because they fear losing their jobs Act, which will help to mitigate the racial Rights Act. Well, what do the organiza- and need the income, thus endangering their and economic injustices that pregnancy dis- tions that protect and promote the health or the health of their pregnancy. crimination perpetuates.’’—Rabbi Jonah Dov Civil Rights Act actually say? Without these protections, it is not uncom- Pesner, Director, Religious Action Center of More than 220 of them, I might add, Reform Judaism mon for pregnant workers to be let go or say that the Pregnant Workers Fair- forced out onto unpaid leave for requesting NETWORK Lobby for Catholic Social Jus- accommodations. Many others must quit tice urges all members of the House of Rep- ness Act is critical to promoting eco- their job to avoid risking the health of their resentatives to vote yes on the Pregnant nomic security for pregnant workers pregnancy. Workers Fairness Act (PWFA). In just the and their families. Passing the Pregnant Workers Fairness fall of 2020, this critical legislation received They say that women of color—more Act is a moral and economic imperative; more than 300 affirmative votes in the House than two-thirds of Black women, 55 two-thirds of women who had their first and now is the time to show the same over- percent of Native American women, child between 2006 and 2008, the last year for whelming support for pregnant workers. This common sense, bipartisan legislation is and 41 percent of Latina women—are which data is available, worked during preg- the sole primary breadwinners for their nancy, and 88 percent of these first-time faithful to the principles of Catholic Social mothers worked into their last trimester. Teaching—and the dignity of the human per- families. They say that they support Keeping these women healthy and in the son in particular—by caring for the health reasonable accommodations. workforce is paramount to family economic and economic security of pregnant people They say that a woman ought not be security. In 2020, 77.5 percent of mothers with and their families. Forcing workers to fired or be threatened with being fired children under age 6 worked full time, and choose between a healthy pregnancy and a for simply coming to work bearing a that number goes up to 81.2 percent for em- paycheck is immoral and the PWFA ends child, having a child. this injustice. NETWORK Lobby calls on the ployed mothers with children ages 6 to 17. They say that they support this leg- Millions of families rely on their earnings. In House of Representatives to quickly send the PWFA to the Senate to support working peo- islation. 2019, the last year for which data is avail- But the question really is, who are able, 41 percent of mothers were the sole or ple in the United States who are bringing primary breadwinners in their families, new life into the world.’’—Mary J. Novak, they? They are the Human Rights while 24.8 percent of mothers were co-bread- Executive Director, NETWORK Lobby for Campaign. They are the Anti-Defama- winners. Whole families suffer when preg- Catholic Social Justice tion League. They are the League of nant workers are forced out of a job. The Catholic Labor Network strongly sup- Women Voters of the United States. The undersigned religious and faith-based ports the Pregnant Workers’ Fairness Act. They are the NAACP. They are the Pro-life and proworker, this essential legis- groups are united in support of the Pregnant American Civil Liberties Union. They Workers Fairness Act. We strongly urge you lation protects worker justice and honors families. No woman should have to choose are the AFL–CIO. They are Mary Kay to vote for the Pregnant Workers Fairness Henry. They are the Lawyers’ Com- Act. between her job and her unborn child.’’— Sincerely, the undersigned: Clayton Sinyai, Executive Director, Catholic mittee for Civil Rights Under Law. Ameinu, Arizona Jews for Justice, Aytzim: Labor Network They are the NAACP Legal Defense Ecological Judaism, Bend the Arc: Jewish ‘‘National Council of Jewish Women knows and Educational Fund. They are Rabbi Action, Catholic Labor Network, Church that pregnancy discrimination is a racial Jonah Pesner. And they are for this World Service, Columban Center for Advo- justice issue. Black women, Latinas, and im- migrant women are more likely to hold in- legislation. cacy and Outreach, Congregation of Our Ms. FOXX. Mr. Speaker, I reserve the Lady of Charity of the Good Shepherd, U.S. flexible and physically demanding jobs that present specific challenges for pregnant balance of my time. Provinces, Faith Action Network, Faith Ac- Mr. SCOTT of Virginia. Mr. Speaker, tion Network—Washington State. workers and are less likely to provide rea- Franciscan Action Network, Friends Com- sonable pregnancy accommodation. The could you advise as to how much time mittee on National Legislation, Jewish Alli- Pregnant Workers Fairness Act would ensure is remaining on both sides? ance for Law and Social Action, Jewish Fam- that pregnant people do not have to choose The SPEAKER pro tempore. The gen- between a healthy pregnancy and their eco- ily & Children’s Service of Greater Boston, tleman from Virginia has 71⁄2 minutes Jewish Women International, Justice Re- nomic security.’’—Jody Rabhan, Chief Policy remaining. The gentlewoman from Officer, National Council of Jewish Women vival, Keshet, Leadership Conference of 1 ‘‘ln so many of our homes, children depend North Carolina has 12 ⁄2 minutes re- Women Religious, National Advocacy Center upon their mothers for placing food on the maining. of the Sisters of the Good Shepherd, Na- table. Moms work; that’s been the case for Mr. SCOTT of Virginia. Mr. Speaker, tional Coalition Against Domestic Violence. years. Yet our laws and regulations are not National Council of Churches, National I yield 1 minute to the gentleman from keeping up. Too often, working women who Council of Jewish Women, NETWORK Lobby Maryland (Mr. HOYER), the majority are pregnant are not given appropriate ac- for Catholic Social Justice, Network of Jew- leader of the United States House of commodations while they are pregnant. Con- ish Human Service Agencies, Pax Christi Representatives. gress must pass the Pregnant Workers Fair- USA, T’ruah: The Rabbinic Call for Human ness Act that would ensure that pregnant Mr. HOYER. Mr. Speaker, I would Rights, Union for Reform Judaism, United workers are able to continue working safely, say in response to Mr. GREEN’s pas- Church of Christ, Justice and Witness Min- in the same way as workers with disabilities sionate speech: Me too. istries, Uri L’Tzedek. -- are accommodated’’—Lawrence E. Couch, Di- I rise in strong support of this bill, rector, National Advocacy Center of the Sis- and I am proud to bring it to the floor MAY 11, 2021. ters of the Good Shepherd for consideration, Mr. Speaker. FAITH LEADER STATEMENTS. OF SUPPORT FOR ‘‘Women of Reform Judaism is proud to ADLER PREGNANT WORKERS FAIRNESS ACT I appreciate Chairman N ’s support the Pregnant Workers’ Fairness Act. leadership in sponsoring and shep- ‘‘The Union for Reform Judaism is proud The COVID–19 pandemic has heightened the to support the Pregnant Workers Fairness urgent need to establish policies to protect herding it through the committee. Act. According to the ancient rabbis, work- essential workers—overwhelmingly Black I thank Chairman SCOTT, as well, for ers should not be put in the position where women, Latinas, immigrant women, and his efforts on behalf of this very impor- they have ‘‘to starve or afflict themselves in other Women of Color. Today, far too many tant piece of legislation. order to feed their children’’ (Tosefta Bava of these essential workers are denied tem- America still has a long way to go Metzia 8:2). With reasonable workplace ac- porary job-related accommodations in order when it comes to making our economy commodations, pregnant workers can keep to maintain a healthy pregnancy and are work for women and mothers. We have earning a livelihood while protecting their forced to make the heartbreaking choice be- seen that dramatically during COVID– health, so no worker faces the agonizing tween their family’s economic security and choice between a healthy pregnancy and their health. No worker should ever be forced 19. their family’s financial security. As the in- to make such a choice. Passing the Pregnant Too often, women are pressured to equitable impact of the pandemic has high- Workers Fairness Act is a moral imperative leave the workforce when they start a lighted, People of Color are more likely to and we urge members of Congress to support family.

VerDate Sep 11 2014 03:13 May 15, 2021 Jkt 019060 PO 00000 Frm 00019 Fmt 0636 Sfmt 0634 E:\CR\FM\A14MY7.027 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE H2338 CONGRESSIONAL RECORD — HOUSE May 14, 2021 Women should not face discrimina- Logistics warehouse in Memphis, which modation.’’ Those pregnant women who are tion or adverse actions as a result of was reported in The New York Times. let go or pushed out for needing accommoda- pregnancy. I think everybody would, I Warehouse workers were denied minor tion face a double burden based on stereo- typing: After losing critical income at the hope, agree with that. and reasonable accommodations, like very moment their growing family needs it This legislation would prevent that less taxing workloads and shortened most, they must then fight to re-enter a job from happening by requiring employ- work shifts. These were pregnant work- market that assumes new mothers are less ers, Mr. Speaker, to make reasonable ers. competent and committed than fathers and accommodations so that pregnant As a result, several women suffered their childless peers. workers can remain on the job, earning miscarriages, some of which happened As the Supreme Court has repeatedly re- their incomes. while they were still on the warehouse affirmed, such sex role stereotyping is a Now, I know a thing or two about floor. problem of constitutional magnitude. In- deed, the constitutional right to be free of reasonable accommodations, frankly, I, along with Congresswoman invidious sex stereotyping ‘‘at the faultline as the principal sponsor of the Ameri- DELAURO and 97 of my colleagues, between work and family’’ is now well-estab- cans with Disabilities Act signed by wrote to the Education and Labor lished For instance, in Nevada Department President Bush on July 26, 1990. When I Committee to urge the 115th Congress of Human Resources v. Hibbs, the Court re- sponsored the bill more than 30 years to take decisive action and consider jected the ‘‘sex-role stereotype’’ that ‘‘wom- ago, that legislation incorporated the the Pregnant Workers Fairness Act. en’s family duties trump those of the work- concept of reasonable workplace ac- I also participated in the Education place. Craig v. Boren, the Court rejected and Labor Committee’s subcommittee ‘‘outdated misconceptions concerning the commodations, in that case, for em- role of females in the home rather than in ployees with disabilities. hearing on this bill last Congress. the ’marketplace and world of ideas.’ ’’ And, Pregnancy, of course, is not a dis- Many pregnant workers are being in Califano v. Westcott, the Court rejected ability. It is a joy. But there are cer- forced to choose between maintaining a ‘‘the baggage of sexual stereotypes that pre- tainly dangers faced by pregnant work- healthy pregnancy and losing their sumes the father has the primary responsi- ers that could threaten the health of jobs at a time when both their bility to provide a home and its essentials, the woman and her unborn child, in- healthcare and their economic security while the mother is the center of home and are crucial. family life.’’ cluding heavy lifting and exposure to Yet state employers continue to partici- toxic substances. The Pregnant Workers Fairness Act pate in and foster unconstitutional sex dis- That is why it is essential for preg- will ensure that pregnant workers get crimination, including gender-role stereo- nant workers to receive reasonable ac- accommodations when they need them typing, by failing to provide reasonable ac- commodations that protect their safe- without facing discrimination or retal- commodations to allow pregnant women to ty in the workplace without being de- iation in the workplace by putting in be both mothers and wage earners. The prob- moted or losing their jobs and, of place a clear, explicit pregnancy ac- lem is pervasive. To offer just a handful of course, to protect the rights and safety commodation framework similar to the examples: accommodation standard that has been In Alabama, Devyn Williams, a correc- of their babies. tional officer trainee, informed her em- Protecting the rights and safety of in place for decades for workers with ployer, the Alabama Department of Correc- pregnant workers in our economy is disabilities. tions, that she was pregnant. Corrections of- something Democrats have cham- I urge passage of this bill. I include ficials immediately began to discuss how to pioned for a very long time, Mr. Speak- in the RECORD the Better Balance re- terminate Williams, with one deputy com- er, and we passed this legislation last port on the need for this law in spite of missioner commenting in an email, ‘‘Let me Congress, as well. inaction by the State and the need for guess, we have to pay this person [Williams] through the entire pregnancy[?]’’. At offi- But I hope that this is an issue where the 14th Amendment to be invoked. About eight States are included here. cials’ urging, Williams provided a doctor’s Democrats and Republicans—Mr. FOR- note recommending she be excused from the TENBERRY just spoke very well—can MAY 13, 2021. state’s monthly physical training session come together, in a bipartisan way, to A BETTER BALANCE LEGAL ANALYSIS OF STATE due to her pregnancy. Upon receipt of the protect mothers-to-be and their chil- ACTOR PREGNANCY-RELATED GENDER DIS- note, one corrections official emailed the dren. CRIMINATION others, ‘‘[t]his [doctor’s note] will give us I hope that the Senate will join the Decades after Congress passed the Preg- grounds to separate [Plaintiff] from service.’’ House in adopting these protections, nancy Discrimination Act (‘‘PDA’’), preg- The state promptly fired Williams. In one which are so essential at a time when nant workers continue to face pernicious and sense, Williams was lucky: Alabama officials unconstitutional gender discrimination at had the poor judgment to document their millions of women are eager to rejoin the hands of their employers, including state animus. Their emails made explicit the un- the workforce and continue pursuing actors. constitutional sex stereotypes motivating careers that bring them and their fami- Evidence of persistent discrimination by their refusal to accommodate. Employers do lies opportunity and economic secu- state actors against pregnant workers in not always put the animus underlying their rity. need of accommodation warrants—and in- failures to accommodate in discoverable I thank Chairman NADLER again for deed demands—Congress’s exercise of its emails. The PDA has failed to root out such his leadership. I thank Mr. SCOTT for Section 5 power under the Fourteenth intentional yet ‘‘subtle [forms of] discrimi- his leadership, as well. Amendment to remedy and deter violations nation that [are] difficult to detect on a of equal protection. case-by-case basis,’’ thanks in part to a proof I urge a ‘‘yes’’ vote on this legisla- In the 21st century, sex discrimination structure that demands onerous and lengthy tion. against pregnant workers often takes the litigation. (Williams was still litigating her Ms. FOXX. Mr. Speaker, I reserve the form of reliance on insidious gender role case nearly five years after she requested ac- balance of my time. stereotyping concerning women’s place in commodation.) Mr. SCOTT of Virginia. Mr. Speaker, the home and in the workplace. Too often, In Oklahoma, Clarisa Borchert, a childcare I yield 1 minute to the gentleman from such stereotypes—such as, that motherhood attendant, informed her employer, a state Tennessee (Mr. COHEN), the chair of the and employment are irreconcilable—force university child care center, that she was Subcommittee on the Constitution, pregnant women ‘‘to choose between having pregnant. When Borchert’s doctor rec- a child and having a job.’’ Stereotyping sur- ommended a 20-pound lifting restriction— Civil Rights, and Civil Liberties of the rounding pregnancy and motherhood is per- which Borchert believed would allow her to Judiciary Committee. vasive, and biases can be intentional, im- continue to care for infants—the state told Mr. COHEN. Mr. Speaker, I rise plicit, unconscious, or structural. For in- her that she would not be permitted to work today in strong support of the Preg- stance, a study published in June 2020 sur- ‘‘with restrictions of any kind.’’ The gender- nant Workers Fairness Act. veying pregnant women who work in phys- based animus underlying the state’s blanket This meaningful legislation will pro- ically demanding jobs found that 63 percent refusal to accommodate Borchert’s preg- tect pregnant workers who have suf- of women surveyed worried about facing neg- nancy was revealed by the ‘‘daily dispar- fered because of insufficient workplace ative stereotypes related to their pregnancy, aging comments’’ made by Borchert’s boss protections, a story far too familiar to and many avoided asking for accommoda- and other employees about her pregnancy. tions, sensing instead that they needed to For instance, in response to Borchert’s ‘‘se- many workers in my district in Mem- overexert themselves physically in order to vere and ongoing nausea and vomiting phis, Tennessee. avoid stereotyping. As a result, the study’s caused by her pregnancy,’’ her boss told her In 2018, I was shocked to read of the authors recommended ‘‘creat[ing] better so- to ‘‘get over it’’ and accused her of feigning disturbing workplace abuses in an XPO cial support for utilizing pregnancy accom- illness, telling Borchert that she ‘‘wasn’t

VerDate Sep 11 2014 03:13 May 15, 2021 Jkt 019060 PO 00000 Frm 00020 Fmt 0636 Sfmt 0634 E:\CR\FM\K14MY7.025 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE May 14, 2021 CONGRESSIONAL RECORD — HOUSE H2339 really sick.’’ Soon thereafter, the state Supreme Court’s Young framework. The We urge Congress to pass this much-needed issued Borchert a Separation Notice. Young standard also has done little to create legislation: In New York, Lakia Jackson, a nurse tech- clarity in the law, sowing confusion among Ms. FOXX. Mr. Speaker, I reserve the nician, informed her employer, a state uni- lower courts, juries, and litigants alike. As A versity, that she was pregnant. Jackson re- Better Balance co-president Dina Bakst tes- balance of my time. peatedly requested assistance changing pa- tified earlier this year: Mr. SCOTT of Virginia. Mr. Speaker, tients, which her state employer denied be- [R]ecent decisions further illustrate how how much time do I have remaining? cause, in the words of her supervisors, the steep a barrier Young and its comparator The SPEAKER pro tempore. The gen- university ‘‘does not accommodate pregnant standard have erected to proving pregnancy tleman from Virginia has 51⁄2 minutes women.’’ As a result of the strain of chang- discrimination in court. Workers, especially remaining. The gentlewoman from ing one patient, Jackson had to be rushed to low-wage workers—and particularly women North Carolina has 121⁄2 minutes re- of color—typically do not have access to the emergency room and ‘‘nearly [went] into maining. pre-term labor.’’ In defense of its refusal to their coworkers’ personnel files and do not accommodate Jackson’s pregnancy, her state otherwise know how they are being treated. Mr. SCOTT of Virginia. Mr. Speaker, employer invoked a common sex stereotype Often, this information is rightly confiden- I yield myself 41⁄2 minutes. about pregnant women: that she was simply tial, which means a pregnant worker would Mr. Speaker, the Pregnant Workers ‘‘using her pregnancy as an excuse for not be unable to find the information needed to Fairness Act is based on the simple doing her work.’’ The state terminated her show they are entitled to an accommodation. idea that no one in this country should shortly thereafter. Second, litigating accommodation cases have to choose between financial secu- under the PDA has proven so onerous and In Tennessee, Amber Burnett, a veterinary rity and a healthy pregnancy. assistant, informed her employer, a state timeconsuming as to be wholly ineffective in university, that she was pregnant. When the lives of real women. As noted above, This concept of fairness for pregnant Burnett alerted her employer that she could Devyn Williams was still litigating her ac- workers is precisely why both Demo- still work but that her physician had advised commodation case nearly five years after she crats and Republicans came together minimal or no contact with diseased animals requested accommodation. Such delay has to pass the Pregnant Workers Fairness placed in isolation, her employer told her devastating consequences for pregnant work- Act in the last Congress. that ‘‘she should begin looking for another ers who need accommodation promptly, not Let’s be clear. Reasonable protec- job.’’ Shortly thereafter, the state termi- five years later. As our co-president testi- tions for workers are nothing new in fied: nated her. In justifying the termination, the our Nation’s workplaces. Employers al- state claimed concern for the potential for Most pregnant workers do not have the re- harm to Burnett’s pregnancy—a rationale sources, time, or desire to engage in ready have several decades of experi- that the Supreme Court recognized decades timeconsuming and stressful litigation to at- ence providing reasonable accommoda- ago is rooted in impermissible sex discrimi- tempt to obtain such information. They tions for workers with disabilities nation. want, and need, to be able to receive an ac- under the Americans with Disabilities In North Carolina, Lauren Burch, a special commodation promptly, so they can con- Act. agent, informed her employer, the state alco- tinue earning income while maintaining a We have heard about the fact that it healthy pregnancy. hol enforcement agency, that she was preg- doesn’t include a religious exemption. nant. On her doctor’s advice, Burch re- Finally, even when pregnant workers win quested light duty status to avoid ‘‘situa- their PDA accommodation cases, it is be- Well, the Religious Freedom Restora- tions that would put her at risk for physical cause they are lucky enough to find the per- tion Act still applies. The First altercations.’’ Her state employer approved fect comparator or, like Devyn Williams, to Amendment still applies. But there is the request but assigned her to a worksite have a state employer foolish enough to doc- no reason to give a wholesale exemp- that ‘‘required a daily, six-hour round-trip ument their gender animus in a ‘‘smoking tion to religious organizations, because commute’’ (for which she was provided ‘‘no gun’’ email—the kinds of evidence courts what are you exempting them from? work credit for travel time’’ and was forced have deemed necessary to prevail under the PDA. The many pregnant women who lack Providing water for pregnant workers, to use ‘‘her personal vehicle at her own ex- giving a bathroom break to a pregnant pense’’). The state refused to grant her an as- such evidence—but who nevertheless are de- signment with a shorter commute—despite nied the accommodations they need due to worker, is that what they need an ex- Burch’s doctor’s recommendation that she their state employers’ animus and stereo- emption from? travel no more than 1.5 hours—and pushed types—do not bring suit at all, a reality A We need to make sure that those ac- her onto unpaid leave. Better Balance often hears from workers on commodations are available to all In Illinois, Tracy Atteberry, a police offi- its legal helpline. If a standard is so onerous pregnant women who are working and cer, informed her employer, the Illinois as to prevent workers from seeking justice, that organizations with at least 15 that means current law offers no adequate State Police, that she was pregnant. Upon workers are guaranteeing protections the advice of her doctor, she requested light remedy for a pernicious, unconstitutional duty, which the state denied, despite pro- form of discrimination. for pregnant workers in Federal law. viding light duty to other non-pregnant em- The PDA’s failure to combat states’ record b 1015 ployees with medical needs. Instead, the of unconstitutional gender discrimination state forced Atteberry to use up her personal demands further action by Congress. Where, By doing that, this bill will eliminate time prior to giving birth to her child. as here, ‘‘Congress ha[s] already tried unsuc- the confusing patchwork of State and In Oregon, Maricruz Caravantes, a care- cessfully’’ to remedy violations of equal pro- local workplace standards that workers giver, informed her employer, a state agen- tection and such ‘‘previous legislative at- and employers are currently forced to cy, that she had a high-risk pregnancy. Upon tempts ha[ve] failed,’’ then ‘‘added prophy- navigate. This legislation has broad the advice of her doctor, Caravantes re- lactic measures’’ are justified and, indeed, support across the political spectrum quested—and was denied—assistance with imperative. The Pregnant Workers Fairness lifting patients, causing her to ‘‘seriously Act (PWFA) is just such a measure. and our communities. injure[]’’ her back. The PWFA is narrow, tailored, and tar- In a recent nationwide survey, 89 per- In Kansas, Deanna Porter, a psychiatric geted to combat gender discrimination, in- cent of voters say they support the aide, informed her employer, a state hos- cluding invalid sex role stereotypes about Pregnant Workers Fairness Act. Labor pital, that she was pregnant. When Porter’s the place of ‘‘mothers or mothers-to-be’’ in unions; civil rights groups, as we have doctor advised that she avoid lifting more the work sphere. By requiring reasonable ac- heard; and the business community, in- than 40 pounds, the state refused to allow commodation of pregnant workers only cluding the Chamber of Commerce, where doing so would not cause employers Porter to work with the lifting restriction in have all endorsed this proposal as it is. place and sent her home. Shortly thereafter, undue hardship, the PWFA is carefully craft- she was terminated. ed to deter and quickly remedy unconstitu- It is imperative that we finally guar- Due to a combination of gaps in the law tional sex discrimination in the hiring, re- antee pregnant workers access to rea- and narrow judicial interpretations, tention, and promotion of young (poten- sonable workplace accommodations. Congress’s efforts through the PDA to eradi- tially-pregnant) women and soon-to-become Mr. Speaker, I include in the RECORD cate ‘‘the pervasive presumption that women mothers. Moreover reasonable accommoda- a letter signed by over 250 organiza- are mothers first, and workers second’’ have tions for pregnancy are inherently time-lim- tions in support of H.R. 1065, the Preg- ‘‘proved ineffective for a number of reasons.’’ ited, and the vast majority of accommoda- nant Workers Fairness Act. First, as described in A Better Balance’s re- tions pregnant workers need, like the right port, ‘‘Long Overdue,’’ two-thirds of women to carry a water bottle or sit on a stool at a MAY 11, 2021. lose their PDA pregnancy accommodation retail counter, are low-cost or no-cost. The Re Pregnant Workers Fairness Act. claims in court. A high percentage of these minimal (or non-existent) economic cost of a DEAR MEMBER OF CONGRESS: As organiza- losses can be traced to courts’ rejection of pregnancy accommodation is one reason tions committed to promoting the health pregnant workers’ comparators or to work- major industry groups, such as the U.S. and economic security of our nation’s fami- ers’ inability to find a comparator, under the Chamber of Commerce, champion the PWFA. lies, we urge you to support the Pregnant

VerDate Sep 11 2014 03:13 May 15, 2021 Jkt 019060 PO 00000 Frm 00021 Fmt 0636 Sfmt 0634 E:\CR\FM\A14MY7.028 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE H2340 CONGRESSIONAL RECORD — HOUSE May 14, 2021 Workers Fairness Act, a crucial maternal adopted pregnant worker fairness measures Breastfeeding Coalition, California WIC As- and infant health measure. This bipartisan with broad, and often unanimous, bipartisan sociation, California Work & Family Coali- legislation promotes healthy pregnancies support. Twenty-five of those laws have tion, California Women’s Law Center, Casa and economic security for pregnant workers passed within the last seven years. These de Esperanza: National Latina@ Network for and their families and strengthens the econ- states include: Alaska, California, Colorado, Healthy Families and Communities, Center omy. Connecticut, Delaware, Hawaii, Illinois, Ken- for American Progress, Center for Law and In the last few decades, there has been a tucky, Louisiana, Maryland, Maine, Massa- Social Policy (CLASP), Center for LGBTQ dramatic demographic shift in the work- chusetts, Minnesota, Nebraska, New Mexico, Economic, Advancement & Research, Center force. Not only do women now make up al- Nevada, New Jersey, New York, North Caro- for Parental Leave Leadership, Center for most half of the workforce, but there are lina, North Dakota, Oregon, Rhode Island, Public Justice, Center for Reproductive more pregnant workers than ever before and South Carolina, Tennessee, Texas, Utah, Rights, Chosen Vessels Midwifery Services, they are working later into their preg- West Virginia, Vermont, Virginia, and Wash- Church World Service, Clearinghouse on nancies. The simple reality is that some ington. Lawmakers have concluded that ac- Women’s Issues, CLUW. pregnant workers—especially those in phys- commodating pregnant workers who need it Coalition for Restaurant Safety & Health, ically demanding jobs—will have a medical is a measured approach grounded in family Coalition of Labor Union Women (CLUW), need for a temporary job-related accommo- values and basic fairness. Coalition on Human Needs, Congregation of dation in order to maintain a healthy preg- The Pregnant Workers Fairness Act is nec- Our Lady of Charity of the Good Shepherd, nancy. Yet, too often, instead of providing essary because it promotes long-term eco- U.S. Provinces, Connecticut Women’s Edu- pregnant workers with an accommodation, nomic security and workplace fairness. When cation and Legal Fund (CWEALF), DC Doro- employers will fire or push them onto unpaid accommodations allow pregnant workers to thy Day Catholic Worker, Disability Rights leave, depriving them of a paycheck and continue to work, they can maintain income Education & Defense Fund, Disciples Center health insurance at a time when it may be and seniority, while forced leave sets new for Public Witness, Economic Policy Insti- most needed. parents back with lost wages and missed ad- tute, Equality Ohio, Equal Pay Today, Equal Additionally, discrimination affects preg- vancement opportunities. When pregnant Rights Advocates, Every Texan, Every Moth- nant workers across race and ethnicity, but workers are fired, not only do they and their er, Inc., Family Equality, Family Values @ women of color and immigrants may be at families lose critical income, but they must Work, Farmworker Justice, Feminist Major- particular risk. Latinas, Black women and fight extra hard to re-enter a job market ity Foundation, First Focus Campaign for immigrant women are more likely to hold that is especially brutal on those who are Children. certain inflexible and physically demanding pregnant and unemployed. Futures Without Violence, Gender Equal- jobs that can present specific challenges for The Pregnant Workers Fairness Act is ity Law Center, Gender Justice, Grand- pregnant workers, such as cashiers, home vital because it supports healthy preg- mothers for Reproductive Rights (GRR!), Ha- health aides, food service workers, and nancies. The choice between risking a job dassah, The Women’s Zionist, Organization cleaners, making reasonable accommoda- and risking the health of a pregnancy is one of America, Inc., Hawai‘i Children’s Action tions on the job even more important, and no one should have to make. Pregnant work- Network Speaks!, Health Care For America loss of wages and health insurance due to ers who cannot perform some aspects of their Now, Healthier Moms and Babies, Healthy pregnancy discrimination especially chal- usual duties without risking their own Children Project, Inc., Healthy and Free lenging. American families and the Amer- health or the health of their pregnancy, but Tennessee, Healthy Mothers, Healthy Babies ican economy depend on women’s income: we whose families cannot afford to lose their in- Coalition of Georgia, HealthyWomen, His- cannot afford to force pregnant workers out come, may continue working under dan- panic Federation, Hoosier Action, Human of work. gerous conditions. There are health con- Rights Watch, ICNA CSJ, In Our Own Voice: In 2015, in Young v. United Parcel Service, sequences to pushing pregnant workers out National Black Women’s Reproductive Jus- the Supreme Court held that a failure to of the workforce as well. Stress from job loss tice Agenda, Indiana Chapter of the Amer- make accommodations for pregnant workers can increase the risk of having a premature ican Academy of Pediatrics, Indiana Insti- with medical needs will sometimes violate baby and/or a baby with low birth weight. In tute for Working Families. the Pregnancy Discrimination Act of 1978 addition, if workers are not forced to use Indianapolis Urban League, Institute for (PDA). Yet, even after Young, pregnant their leave during pregnancy, they may have Women’s Policy Research, Interfaith Work- workers are still not getting the accom- more leave available to take following child- ers Justice, Justice for Migrant Women, modations they need to stay safe and birth, which in turn facilitates lactation, Kansas Action for Children, Kansas healthy on the job and employers lack clar- bonding with and caring for a new child, and Breastfeeding Coalition, KWH Law Center ity as to their obligations under the law. The recovering from childbirth. for Social Justice and Change, La Leche Pregnant Workers Fairness Act will provide For all of these reasons, we urge you to League Alliance, La Leche League USA, a clear, predictable rule: employers must support the Pregnant Workers Fairness Act. LatinoJustice PRLDEF, LCLAA, Legal Aid provide reasonable accommodations for limi- We also welcome the opportunity to pro- at Work, Legal Momentum, The Women’s tations arising out of pregnancy, childbirth, vide you with additional information. Legal Defense and Education Fund, Legal or related medical conditions, unless this Sincerely, Voice, Mabel Wadsworth Center, Main Street would pose an undue hardship. A Better Balance, American Civil Liberties Alliance, Maine Women’s Lobby, Make It The Pregnant Workers Fairness Act is Union, National Partnership for Women & Work Nevada, Mana, A National Latina Or- modeled after the Americans with Disabil- Families, National Women’s Law Center, ganization. ities Act (ADA) and offers employers and em- 1,000 Days, 2020 Mom, 9to5, ACTION OHIO Co- March of Dimes, Maternal Mental Health ployees a familiar reasonable accommoda- alition For Battered Women, Advocates for Leadership Alliance, MCCOY (Marion Coun- tion framework to follow. Under the ADA, Youth, AFL-CIO, African American Min- ty Commission on Youth), Methodist Federa- workers with disabilities enjoy clear statu- isters In Action, Alaska Breastfeeding Coali- tion for Social Action, Michigan tory protections and need not prove how tion, Alianza Nacional de Campesinas, All- Breastfeeding Network, Michigan League for other employees are treated in order to ob- Options, Academy of Nutrition and Dietet- Public Policy, Midwives Alliance of Hawaii, tain necessary accommodations. Pregnant ics, American Academy of Pediatrics, Amer- Minus 9 to 5, Mississippi Black Women’s workers deserve the same clarity and ican Association of University, Women Roundtable, Mom Congress, MomsRising, streamlined process and should not have to (AAUW), American Association of Univer- Monroe County NOW, Mother Hubbard’s Cup- ascertain how their employer treats others sity, Women (AAUW) Indianapolis, American board, Mothering Justice, Mother’s Own in order to understand their own accommo- College of Obstetricians and Gynecologists, Milk Matters, MS Black Women’s Round- dation rights, as the Supreme Court’s ruling American Federation of State, County and table & MS, Women’s Economic Security Ini- currently requires. Municipal Employees. tiative, NAACP, NARAL Pro-Choice Amer- Evidence from states and cities that have American Federation of Teachers, Amer- ica, National Advocacy Center of the Sisters adopted laws similar to the Pregnant Work- ican Public Health Association, AnitaB.org, of the Good Shepherd, National Asian Pacific ers Fairness Act suggests that providing this Asian Pacific American Labor Alliance, American Women’s Forum (NAPAWF). clarity reduces lawsuits and, most impor- AFL-CIO, Association of Farmworker Oppor- National Association of Pediatric Nurse tantly, helps ensure that workers can obtain tunity Programs, Association of Maternal & Practitioners, National Association of Social necessary reasonable accommodations in a Child Health Programs, Association of State Workers, National Association of Social timely manner, which keeps pregnant work- Public Health Nutritionists, Autistic Self Workers NH Chapter, National Advocates for ers healthy and earning an income when Advocacy Network, Baby Cafe USA, Beau- Pregnant Women, National Birth Equity Col- they need it most. Workers should not have fort-Jasper-Hampton Comprehensive Health laborative, National Center for Law and Eco- to choose between providing for their family Services, Black Mamas Matter Alliance, nomic Justice, National Center for Lesbian and maintaining a healthy pregnancy, and Black Women’s Roundtable, Bazelon Center Rights, National Center for Parent Leader- the Pregnant Workers Fairness Act would for Mental Health Law, Bloom, Baby! Birth- ship, Advocacy, and Community Empower- ensure that all those working for covered ing Services, Bread For the World. ment (National PLACE), National Coalition employers would be protected. Breastfeeding Coalition of Delaware, for the Homeless, National Coalition of 100 The need for the Pregnant Workers Fair- Breastfeeding Family Friendly Commu- Black Women, Inc., Central Ohio Chapter, ness Act is recognized across ideological and nities, Breastfeeding Hawaii, BreastfeedLA, National Coalition Against Domestic Vio- partisan lines. Thirty states and D.C. have Building Pathways, Inc, California lence, National Consumers League, National

VerDate Sep 11 2014 04:27 May 15, 2021 Jkt 019060 PO 00000 Frm 00022 Fmt 0636 Sfmt 0634 E:\CR\FM\A14MY7.029 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE May 14, 2021 CONGRESSIONAL RECORD — HOUSE H2341 Council for Occupational Safety and Health McLean County, YWCA Northwestern Illi- Constitution does not give us that (National COSH). nois, YWCA USA, YWCA of the University of right. National Council of Jewish Women, Na- Illinois, ZERO TO THREE. Mr. Speaker, I urge a ‘‘no’’ vote, and tional Council of Jewish Women Cleveland, Mr. SCOTT of Virginia. Mr. Speaker, National Council of Jewish Women (NCJW), I yield back the balance of my time. Atlanta Section, National Domestic Workers lastly, I thank Chairman NADLER and Mr. SCOTT of Virginia. Mr. Speaker, Alliance, National Education Association, Congressman KATKO for their leader- I yield 1 minute to the gentlewoman National Employment Law Project, National ship on this important legislation. from California (Ms. PELOSI), the Employment Lawyers Association, National Mr. Speaker, I urge a ‘‘yes’’ vote, and Speaker of the House of Representa- Health Law Program, National Hispanic I reserve the balance of my time. tives. Council on Aging, National Network to End Ms. FOXX. Mr. Speaker, I yield my- Ms. PELOSI. Mr. Speaker, I thank Domestic Violence, National Organization self 30 seconds. the gentleman for the recognition and for Women, National Urban League, National Mr. Speaker, the chairman of the WIC Association, National Women’s Health for his leadership, and that of the com- Network, NETWORK Lobby for Catholic So- committee just said that this is going mittee in bringing this important bi- cial Justice, New Jersey Breastfeeding Coali- to stop the patchwork of laws related partisan legislation to the floor. tion, New Jersey Citizen Action, New Jersey to this issue. I salute the gentleman; I salute Time to Care Coalition. Au contraire, Mr. Chairman. This is JERRY NADLER, an author of this legis- New Mexico Breastfeeding Task Force, going to add to the confusion, which is lation, the chair of the Committee on New Working Majority, North Carolina Jus- the point I have been making over and the Judiciary; Mr. KATKO for his lead tice Center, Northwest Arkansas over and over again. Simple addition of cosponsorship; among other Republican Breastfeeding Coalition, Nurse-Family Part- nership, Nutrition First, Ohio Alliance to the reference to the Civil Rights Act members, to make this strongly bipar- End Sexual Violence, Ohio Coalition for would keep us from adding to the tisan. Labor Union Women, Ohio Domestic Vio- patchwork of laws and the confusion Mr. Speaker, I am excited about this lence Network, Ohio Federation of Teachers, that this bill is going to create. And I legislation as a mother of five chil- Ohio Religious Coalition for Reproductive am sorely disappointed that we could dren—four daughters, one son—nine Choice, Ohio Women’s Alliance, Oxfam not work out this last little accommo- grandchildren. This is about a recogni- America, Paid Leave For All, Partnership for dation. tion of being family-friendly in our leg- America’s Children, Peirce Consulting LLC, Mr. Speaker, I reserve the balance of islation, as more women are a part of Philadelphia Coalition of Labor Union, Women Philly CLUW, Philadelphia NOW my time. the economic success of our country. Education Fund, Philaposh, Physicians for Mr. SCOTT of Virginia. Mr. Speaker, Mr. Speaker, I rise to support the Reproductive Health, Planned Parenthood I have one last speaker, and I reserve Pregnant Workers Fairness Act, a Federation of America. the balance of my time. strong bipartisan step to ensure that PL+US: Paid Leave for the United States, Ms. FOXX. Mr. Speaker, I yield my- women are no longer forced to choose Poder Latinx, Pontikes Law LLC, PowHer self such time as I may consume. between maintaining a healthy preg- New York, Pray First Mission Ministries, Mr. Speaker, House Republicans will nancy and paycheck—a choice that, for Pretty Mama Breastfeeding, LLC, Prevent not stand for discrimination of any Child Abuse NC, Public Advocacy for Kids many, has serious health consequences. (PAK), Restaurant Opportunities Center kind. As a mother, a grandmother, and This landmark legislation advances United, RESULTS, RESULTS DC/MD, Shriv- a very strong pro-life advocate, work- the health of women and children, the er Center on Poverty Law, SisterReach, place protections for pregnant women financial security of families, and, SPAN Parent Advocacy Network (SPAN), are particularly important to me. My really, the dynamism of our American Solutions for Breastfeeding, Speaking of Republican colleagues and I have long economy. And its passage—while long Birth, Southwest Women’s Law Center, The been committed to policies and laws overdue—is particularly urgent, as the International Union, United Automobile, that empower all Americans to achieve lives and livelihood of so many are Aerospace and Agricultural Implement success, and this includes current pro- under threat from the coronavirus. Workers of America (UAW), The Leadership Conference on Civil and Human Rights, tections in Federal law for pregnant Again, I thank the chairman and Mr. The Little Timmy Project, The National workers. KATKO, Mr. NADLER, and so many oth- Domestic Violence Hotline, The Ohio Wom- While meaningful and necessary bi- ers for their leadership in passing this en’s Public Policy Network, The Women and partisan improvements were made to bill. And I thank all the cosponsors. Girls Foundation of Southwest Pennsyl- H.R. 1065, it falls short in protecting Again, as a mother of five, I am espe- vania, The Women’s Law Center of Mary- one of the Nation’s most treasured cially proud to support the bill. And I land, The Zonta Club of Greater Queens, rights: Freedom of religion. want to salute all the mothers and TIME’S UP Now, U.S. Breastfeeding Com- Democrats’ refusal to include a com- women who have spoken out, often mittee, Ujima Inc: The National Center on Violence Against Women in the Black Com- monsense, current-law provision that risking professional retaliation, to end munity, UltraViolet, Union for Reform Juda- protects religious organizations from pregnancy discrimination in the work- ism, United Church of Christ Justice and being forced to make employment deci- place. Witness Ministries, United Electrical, Radio sions that conflict with their faith is This is what this means: It means and Machine Workers of America (UE), shortsighted and disappointing. Con- that too often when a pregnant worker United Food and Commercial Workers Inter- gress should not be in the business of asks for a temporary job-related national Union (UFCW), United Spinal Asso- taking away rights from the American accomodation, she will be fired or ciation, United State of Women, United people. pushed onto unpaid leave, deprived of Steelworkers, United Today, Stronger To- morrow. In fact, as we all know, the Constitu- her paycheck and health insurance Universal Health Care Action Network of tion starts with the three most impor- when she needs them most. Ohio, VA NOW, Inc., Virginia Breastfeeding tant words outside the Bible: We the This is particularly true in many Advisory Committee, Virginia Breastfeeding People. physically taxing jobs, which tend to Coalition, Voices for Progress, Wabanaki And then in the First Amendment to be low wage and traditionally domi- Women’s Coalition, We All Rise, West Vir- the Constitution—and I want to jog the nated by women. And that is why we ginia Breastfeeding Alliance, Western Kan- memories of my colleagues—the Con- must pass the Pregnant Workers Fair- sas Birthkeeping, William E. Morris Insti- tute for Justice (Arizona), Women and Girls stitution enshrines the right of reli- ness Act, putting in place a clear, ex- Foundation of Southwest Pennsylvania, gious freedom by saying: ‘‘Congress plicit pregnancy accommodation Women Employed, Women of Reform Juda- shall make no law respecting an estab- framework, similar to the standard ism, Women’s Fund of Greater Chattanooga. lishment of religion’’—and this is very that has been in place for decades for Women’s Fund of Rhode Island, Women’s important, the next part—‘‘or prohib- workers with disabilities, which I was Law Project, Women’s March, Women’s iting the free exercise thereof.’’ proud to be part of. Our distinguished Media Center, Women’s Rights and Em- That is what we are talking about leader, Mr. HOYER, has been a major powerment Network, Women4Change, Work- here today. We are talking about the leader in that regard. place Fairness, Workplace Justice Project at Loyola Law Clinic, Worksafe, WV free exercise of religion. I will say Mr. Speaker, this legislation is also a Breastfeeding Alliance, WV Perinatal Part- again: Congress should not be in the matter of justice. As nearly 300 groups nership, Inc., YWCA Dayton, YWCA Greater business of attempting to take away from the ACLU to Zero To Three re- Cincinnati, YWCA Mahoning Valley, YWCA rights from the American people. The cently wrote to Congress—from A to

VerDate Sep 11 2014 04:27 May 15, 2021 Jkt 019060 PO 00000 Frm 00023 Fmt 0636 Sfmt 0634 E:\CR\FM\A14MY7.029 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE H2342 CONGRESSIONAL RECORD — HOUSE May 14, 2021 Z—‘‘Discrimination affects pregnant The question was taken; and the Sa´ nchez Stauber Van Drew workers across race and ethnicity, but Speaker pro tempore announced that Sarbanes Steel Vargas Scalise Stefanik Veasey women of color and immigrants may be the ayes appeared to have it. Scanlon Steil Vela at particular risk. Ms. FOXX. Mr. Speaker, on that I de- Schakowsky Stevens Vela´ zquez ‘‘Latinas, Black women and immi- mand the yeas and nays. Schiff Stewart Wagner Schneider Strickland grant women are more likely to hold The SPEAKER pro tempore. Pursu- Walorski Schrader Suozzi Waltz certain inflexible and physically de- ant to section 3(s) of House Resolution Schrier Swalwell Wasserman manding jobs that can present specific 8, the yeas and nays are ordered. Schweikert Takano Schultz Scott (VA) Tenney challenges for pregnant workers. . . . Waters The vote was taken by electronic de- Scott, David Thompson (CA) Watson Coleman This can make reasonable accommoda- vice, and there were—yeas 315, nays Sewell Thompson (MS) Welch tions on the job even more important, Sherman Tiffany 101, not voting 14, as follows: Wenstrup and loss of wages and health insurance Sherrill Titus [Roll No. 143] Sires Tlaib Wexton due to pregnancy discrimination espe- Wild YEAS—315 Slotkin Tonko cially challenging.’’ Smith (MO) Torres (CA) Williams (GA) I think it is important to note that Adams Escobar Lawrence Smith (NJ) Torres (NY) Williams (TX) Aguilar Eshoo Lawson (FL) Wilson (FL) this legislation is important also from Smith (WA) Trahan Allred Espaillat Lee (CA) Soto Trone Wilson (SC) the standpoint of hiring. We want to Amodei Evans Lee (NV) Spanberger Turner Wittman make sure that employers who are hir- Auchincloss Feenstra Leger Fernandez Spartz Underwood Womack ing someone know there is a level play- Axne Ferguson Lesko Speier Upton Yarmuth Bacon Fischbach Levin (CA) Stanton Valadao Zeldin ing field should the woman of child- Balderson Fitzpatrick Levin (MI) bearing age—or even already blessed Barraga´ n Fleischmann Lieu NAYS—101 with a pregnancy—that this is a posi- Bass Fletcher Lofgren Aderholt Fulcher McClintock Beatty Fortenberry Lowenthal Allen Gibbs McHenry tive initiative for their workplace and Bentz Foster Lucas Armstrong Gohmert Miller (IL) their treating that person with respect Bera Frankel, Lois Luria Arrington Good (VA) Miller (WV) is not placing them at any disadvan- Beyer Gaetz Lynch Babin Gooden (TX) Bice (OK) Gallagher Malinowski Moore (AL) tage if the playing field is level. Baird Gosar Nehls Bilirakis Gallego Malliotakis Banks Graves (MO) This comes at a time when—I men- Bishop (GA) Garamendi Maloney, Norman Barr Green (TN) Palazzo tioned about the pandemic—around 2 Blumenauer Garbarino Carolyn B. Bishop (NC) Greene (GA) Palmer million women were pushed out of the Blunt Rochester Garcia (CA) Maloney, Sean Boebert Grothman Bonamici Garcı´a (IL) Manning Pence labor force. One out of four women re- Brady Guest Bost Garcia (TX) Matsui Brooks Harris Perry port they are still worse off financially Bourdeaux Gimenez McBath Buck Harshbarger Pfluger than a year ago. Studies show it will Bowman Gomez McCarthy Budd Hern Posey Boyle, Brendan Gonzales, Tony McCaul Burchett Herrell Reschenthaler take 18 months longer for the women’s F. Gonzalez (OH) McCollum employment to rebound from the pan- Cammack Hice (GA) Rice (SC) Brown Gonzalez, McEachin Carl Higgins (LA) Rodgers (WA) demic than for men’s. And the reduc- Brownley Vicente McGovern Carter (GA) Jackson Rogers (AL) tion of women’s work hours and labor Buchanan Gottheimer McKinley Carter (TX) Johnson (LA) Rose Bucshon Granger McNerney Cawthorn Jordan Rosendale force participation is said to erase tens Burgess Graves (LA) Meeks Cheney Joyce (PA) Rouzer of billions of dollars from our economy. Bush Green, Al (TX) Meijer Cline Keller Roy Bustos Grijalva Meng American women are part of the en- Cloud Kelly (PA) Scott, Austin Butterfield Guthrie Mfume Clyde LaHood gine of America’s economy and the key Calvert Hagedorn Miller-Meeks Sessions to building back better after this cri- Crawford Lamborn Smith (NE) Carbajal Harder (CA) Moolenaar Davidson LaTurner ´ Smucker sis. And again, as we all say: When Cardenas Hayes Mooney DesJarlais Letlow Steube women succeed, America succeeds. Carson Herrera Beutler Moore (UT) Donalds Long Taylor Carter (LA) Higgins (NY) Moore (WI) Duncan Loudermilk And we can apply that to say: When Cartwright Hill Morelle Timmons women of childbearing age succeed, Dunn Luetkemeyer Case Himes Moulton Fallon Mace Van Duyne America certainly succeeds. Casten Hinson Mrvan Fitzgerald Mann Walberg And for mothers and women who are Castor (FL) Hollingsworth Mullin Foxx Massie Weber (TX) Castro (TX) Horsford Murphy (NC) pregnant, the challenges are even grav- Franklin, C. Mast Westerman Chabot Houlahan Nadler Scott McClain er because our Nation still lacks suffi- Chu Hoyer Napolitano cient workplace protections against Cicilline Hudson Neal NOT VOTING—14 Clark (MA) Huffman Neguse Bergman Hartzler Stivers pregnancy discrimination. Clarke (NY) Huizenga Newhouse Biggs Kelly (MS) Mr. Speaker, that is why this legisla- Cleaver Issa Newman Thompson (PA) Estes Meuser Clyburn Jackson Lee Norcross Webster (FL) tion is so very important and is con- Golden Murphy (FL) Cohen Jacobs (CA) Nunes Young sistent with what we pledge—liberty Griffith Simpson Cole Jacobs (NY) O’Halleran and justice for all women. Comer Jayapal Obernolte b 1103 I am very excited about this because, Connolly Jeffries Ocasio-Cortez as we all know, pregnancy is a blessing Cooper Johnson (GA) Omar Messrs. RICE of South Carolina, to any family, and we do not want any Correa Johnson (OH) Owens MAST, and Mrs. RODGERS of Wash- Costa Johnson (SD) Pallone intervention that can be avoided in Courtney Johnson (TX) Panetta ington changed their vote from ‘‘yea’’ terms of accommodating the needs of Craig Jones Pappas to ‘‘nay.’’ women who are pregnant. Crenshaw Joyce (OH) Pascrell Mr. WITTMAN and Mrs. FISCHBACH Crist Kahele Payne changed their vote from ‘‘nay’’ to Mr. Speaker, I salute all of you. I am Crow Kaptur Perlmutter very excited about this legislation and Cuellar Katko Peters ‘‘yea.’’ I am so glad it will have strong bipar- Curtis Keating Phillips So the bill was passed. tisan support. Davids (KS) Kelly (IL) Pingree The result of the vote was announced Davis, Danny K. Khanna Pocan Mr. SCOTT of Virginia. Mr. Speaker, Davis, Rodney Kildee Porter as above recorded. I yield back the balance of my time. Dean Kilmer Pressley A motion to reconsider was laid on The SPEAKER pro tempore. Pursu- DeFazio Kim (CA) Price (NC) the table. ant to House Resolution 380, the pre- DeGette Kim (NJ) Quigley Stated for: DeLauro Kind Raskin vious question is ordered on the bill, as DelBene Kinzinger Reed Mr. CARTER of Texas. Madam Speaker, I amended. Delgado Kirkpatrick Rice (NY) voted in error on rollcall 143. I mistakenly The question is on the engrossment Demings Krishnamoorthi Rogers (KY) voted no when I intended to vote yes. DeSaulnier Kuster Ross and third reading of the bill. Deutch Kustoff Roybal-Allard Mr. GRIFFITH. Mr. Speaker, today I am ab- The bill was ordered to be engrossed Diaz-Balart LaMalfa Ruiz sent due to a family matter. Had I been and read a third time, and was read the Dingell Lamb Ruppersberger present, I would have voted ‘‘yea’’ on rollcall third time. Doggett Langevin Rush No. 143 (H.R. 1065). Doyle, Michael Larsen (WA) Rutherford The SPEAKER pro tempore. The F. Larson (CT) Ryan Mrs. RODGERS of Washington. Mr. Speak- question is on passage of the bill. Emmer Latta Salazar er, I voted no on H.R. 1065, however, this

VerDate Sep 11 2014 03:13 May 15, 2021 Jkt 019060 PO 00000 Frm 00024 Fmt 0636 Sfmt 9920 E:\CR\FM\K14MY7.029 H14MYPT1 SSpencer on DSK126QN23PROD with HOUSE May 14, 2021 CONGRESSIONAL RECORD — HOUSE H2343 vote was a mistake. I support H.R. 1065, the ment. He has it in his DNA, although In addition, we will consider bills re- Pregnant Workers Fairness Act. he is younger than the movement. jecting hate toward the Asian-Amer- Stated against: For this and other reasons, many of ican and Pacific Islander community, Mr. BIGGS. Mr. Speaker, on rollcall No. 143 us were privileged that Michael came including S. 937, the Senate-passed on H.R. 1065, I am not recorded because I with us, under the leadership of KAREN COVID–19 Hate Crimes Act, which ad- had to return home to my district to attend the BASS and the Congressional Black Cau- dresses the dramatic increase in hate funeral of a close family friend. Had I been cus, to Ghana. crimes targeting the AAPI community present, I would have voted ‘‘nay’’ on rollcall Mr. Whip, you were a leader in that since the start of the pandemic. No. 143. delegation, and you know how moving H. Res. 275, a resolution condemning Mr. KELLY of Mississippi. Mr. Speaker, I it was. the horrific shootings in Atlanta, Geor- was absent from votes today due to Mis- But Michael brought, in his DNA, the gia, on March 16, 2021, and reaffirming sissippi National Guard obligations. Had I spirit of his father, Isaac, who was the House of Representatives’ commit- been present, I would have voted ‘‘nay’’ on watching down from Heaven and saw ment to combatting hate, bigotry, and rollcall No. 143. Michael be part of that historic trip. violence against the AAPI community. Mr. BERGMAN. Mr. Speaker, please accept The whole time, he wore Isaac’s b 1115 this personal explanation as I was unexpect- cufflinks as Isaac looked down with We will also consider H.R. 1629, the edly detained during vote proceedings. Had I pride, and his mother, Naomi, and sis- been present, I would have voted ‘‘nay’’ on Fairness in Orphan Drug Exclusivity ter, Veronica, looked on with love from Act, which closes the loophole that rollcall No. 143. here, taking great pride in Michael. blocks pharmaceutical competition MEMBERS RECORDED PURSUANT TO HOUSE Mr. Whip, it is such an honor that and prevents innovative treatments for RESOLUTION 8, 117TH CONGRESS you are in the Chair as I pay tribute to opioid use disorder from coming to Allred (Stevens) Jones (Jacobs Rush Michael, a real tribute to him and his Beatty (CA)) (Underwood) market, and would help millions of work. Americans suffering from opioid addic- (Lawrence) Kirkpatrick Sewell (DelBene) Michael has been a tremendous asset Bilirakis (Stanton) Sires (Pallone) tion. (Fleischmann) Lawson (FL) Slotkin to the Speaker’s Office and my leader- Next week, the House will also con- ´ Cardenas (Evans) (Stevens) ship team over the years, and to the sider the Emergency Security Supple- (Gallego) Lieu (Beyer) Smith (WA) entire Democratic Caucus and the en- Comer Lofgren (Jeffries) mental to Respond to January 6th Ap- (Kilmer) tire Congress, ensuring that we can de- (Cammack) Lowenthal Speier (Scanlon) propriations Act, 2021, which addresses Correa (Vargas) (Beyer) Strickland liver progress For the People. enhanced security needs for the Capitol Crenshaw McEachin (Del Bene) He can take pride, as I do, in know- (Pfluger) (Wexton) complex; and House Resolution 3233, Doyle, Michael McHenry (Banks) Timmons ing the key role that he has played in the National Commission to Inves- F. (Cartwright) Meng (Clark (Gonzalez our passing legislation to lift up work- tigate the January 6 Attack on the Grijalva (Garcı´a (MA)) (OH)) ing families across America. That hap- Torres (CA) United States Capitol Complex Act, (IL)) Moore (WI) pened because of his leadership. Huffman (Beyer) (Barraga´ n) which establishes a commission to in- (Thompson Napolitano (Chu) Wagner While Michael’s trusted presence on vestigate the insurrection at the Cap- (CA)) Payne (Pallone) (Walorski) this floor and on Capitol Hill will be itol on January 6. Johnson (GA) Porter (Wexton) Welch missed, we are grateful for his service, (Cohen) Ruiz (Aguilar) (McGovern) This is bipartisan legislation. I want Johnson (TX) Ruppersberger Wilson (FL) as well as for his work as a mentor and to thank Chairman THOMPSON and (Jeffries) (Raskin) (Hayes) leader to forge a path for others to fol- Ranking Member KATKO for their lead- f low. Indeed, his tenure has been both ership in announcing this bill, and I historic and impactful. hope that it will have broad bipartisan HONORING THE SERVICE OF On behalf of the House of Representa- MICHAEL LONG support next week. tives, I thank Michael Long and wish Mr. FERGUSON. Madam Speaker, I (Ms. PELOSI asked and was given him the best in the next stages of his want to thank the majority for those permission to address the House for 1 journey. remarks on the schedule. minute.) With great admiration and apprecia- I also want to take a minute to Ms. PELOSI. Mr. Speaker, it is with tion, thank you, Michael Long. thank the leader, and others over great pride and some emotion that I f there, for helping pass H.R. 2877, the rise to honor an outstanding and long- LEGISLATIVE PROGRAM Behavioral Intervention Guidelines standing member of my staff who has Act. It is a really good bill that will go been a pillar of my office for nearly 15 (Mr. FERGUSON asked and was a long way in supporting school safety. years, my Senior Advisor and Director given permission to address the House I know there were many questions of Member Services, Michael Long. for 1 minute.) about it, and everybody worked to get To Members of Congress and all who Mr. FERGUSON. Madam Speaker, I it to a good spot. I would like to, again, work and serve in this Chamber, the rise for the purpose of inquiring to the extend my appreciation for all of the name Michael Long is synonymous majority the schedule for the week to help from my Democratic colleagues. with excellence. come. Turning to the operations of the Michael is a coalition-builder and a I yield to the gentleman from Cali- House, as the gentleman knows, the communicator, a liaison and a leader fornia (Mr. AGUILAR), my friend and CDC has now lifted all mask and social with an extraordinary talent for forg- colleague, the vice chair of the Demo- distancing requirements. President ing enduring, effective connections, cratic Caucus. Biden has lifted the mask requirements both within and outside the Capitol. I Mr. AGUILAR. Madam Speaker, I for the White House staff. But, amaz- have watched him with great pride thank the gentleman for yielding. ingly, here in the House of Representa- over the years as he welcomed young On Monday, the House will meet at 12 tives, we still must wear the mask, people to the Capitol, including the p.m. for morning-hour debate and 2 stagger the vote times, have these long Boy Scouts, as an Eagle Scout himself, p.m. for legislative business, with votes vote times. We should be going back to showing his leadership from early on, expected no earlier than 6:30 p.m. a 5-minute and a 2-minute schedule so whether it is his communication with On Tuesday and Wednesday, the we can do the work of the House. his many friends and admirers in the House will meet at 10 a.m. for morning- When can we expect these restric- Congressional Black Caucus or with hour debate and 12 p.m. for legislative tions to be lifted? the Members across the Congress on business. Madam Speaker, I yield to the gen- both sides of the aisle. On Thursday, the House will meet at tleman from California. We all know and are grateful for his 9 a.m. for legislative business, with last Mr. AGUILAR. Madam Speaker, I unwavering patience and perseverance votes no later than 3 p.m. want to thank the gentleman for the and his remarkable ability to antici- We will consider several bills under question and for acknowledging the ex- pate and meet the needs of Members. suspension of the rules. A complete list traordinary success of the Biden-Harris Michael comes from a family that is of the suspension bills will be an- administration in putting millions of committed to the civil rights move- nounced by the close of business today. shots in arms at a historic pace.

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