New Jersey Assembly Bill AR44

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Urges Congress to pass "Pregnant Workers Fairness Act."

Impact

If enacted, the PWFA would significantly strengthen the rights of pregnant workers by requiring employers to reasonably accommodate employees who experience limitations due to pregnancy, childbirth, or related medical conditions. This provision would address existing gaps in the PDA and would consequently allow pregnant workers to continue their professional duties without undue health risks or reductions in pay and benefits. Moreover, the PWFA would offer guidance to employers about their obligations to ensure compliance, thereby potentially increasing employee retention and reducing litigations regarding workplace discrimination.

Summary

Assembly Resolution AR44 urges the United States Congress to pass the 'Pregnant Workers Fairness Act' (PWFA), aimed at improving workplace protections for pregnant workers. The bill highlights the shortcomings of the existing Pregnancy Discrimination Act (PDA), which mandates equal treatment for pregnant workers but does not sufficiently require employer accommodations for those experiencing limitations due to pregnancy. This resolution responds to alarming statistics indicating that over 250,000 pregnant workers are denied accommodations each year, often facing negative consequences such as job termination as a result.

Contention

The resolution points to ongoing issues with pregnancy discrimination in the workplace, which is perceived as a severe form of employment discrimination. While 27 states, including New Jersey, have laws mandating reasonable accommodations for pregnant workers, advocates argue that a national standard is necessary to uniformly protect the rights of pregnant women across the United States. Concerns may arise among some employer groups around the potential impact on their operational flexibility and financial responsibilities as well, and discussions in legislative contexts may reflect these differing perspectives.