Pregnant Women Will be Treated Humanely in New York

That headline I just typed, “Pregnant Women Will be Treated Humanely in New York?” Well I cringed while I wrote it, because really, it shouldn’t be a headline. That should be a given; a no-brainer. But apparently it’s not. Because last week, New York City passed the Pregnant Workers Fairness Act. The law is incredibly basic, it essentially says that pregnant workers are entitled to reasonable accommodations so that they can stay at work, if possible.

Here’s an example to illustrate the incredibly basic rights these women are looking for. Think of a grocery store where the cashiers stand up. Under current laws in most states and cities, the store has no obligation to provide a pregnant cashier with a stool, even if that stool would not hamper her job performance and would allow her to work longer into the duration of her pregnancy.

Philadelphia and New Jersey already have similar laws in place, although under different names. Our federal laws already say that women who are pregnant cannot be discriminated against, but those laws don’t go far enough. The laws do prevent an employer from getting rid of an employee purely for the reason that she is pregnant. But what they don’t prevent are women getting forced out of their jobs by a lack of accommodations, like an inability to take breaks when needed.

So women are left with two choices: quit their jobs to be able to take care of their health, or continue working in dangerous conditions. Most women have to choose the latter, because for most Americans, giving up a paycheck simply isn’t an option. The National Women’s Law Center, working with another group called A Better Balance, issued this report last summer. The report includes testimonials of women who either lost their babies, or were fired, or forced on leave because their jobs would not provide fair accommodations. The testimonials are heartbreaking and infuriating. One of them is Guadalupe Hernandez, a woman in DC who was fired for not following draconian rules that were instituted after she became pregnant at the fast food place where she worked. Her takeaway from the entire situation sums up why protections for pregnant women are so badly needed,

This incident devastated me. Now I wouldn’t be able to bring any money into the family. For the first time in my life, I had to ask for government assistance (food stamps and unemployment benefits). I tried to look for other work, but every time I went to a potential employer, they looked at my belly and said “no.” My husband, who was not working at the time, my older child, and my baby paid the price.

The New York Times also highlighted the story of a woman for whom this law is deeply personal. Her name is Floralba Fernandez Espinal. She has worked at a thrift store in the Bronx for a few years. Her job specifically was moving clothing. She asked for a more low-impact job while pregnant, such as working as a cashier or putting tags on clothing, and was denied. She even provided a doctor’s note confirming what she needed. Instead, she was placed on unpaid leave. There’s currently a legal battle brewing between the store and her union. 

The United States as a whole has a disgustingly bad track record on issues regarding mothers working. The US does not require paid maternity leave. I would say major kudos to Philly, NYC, and New Jersey for taking action, but the fact that such action is needed in the first place is beyond offensive.

My mother was put on bed rest for a few months before I was born. Luckily, she and my father were fortunate enough to be financially stable on his salary alone. Who knows what would have happened if that wasn’t possible for them. I bring this up because this should be a given. A child’s life should never be put in danger because their mother is either put in an unsafe working environment or can no longer work. So I would hope we eventually get action at the Federal level on this issue, because this shouldn’t be news. This should be basic human decency.

[New York Times]

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Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Johannes Jander via Flickr]

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.