Prohibiting Workplace Pregnancy Discrimination: Child Birth
Discrimination Act
Issue: Defending Workers & Families
Target Level of Office: State
Policy Origin: Wisconsin State Legislature
Poilcy/Bill Number: Senate Bill 401
Link: www.YEONetwork.org/2013policy/?i=191
YEO Co-Sponsors:
Sen. Chris Larson (Primary Co-Author) and Reps. Eric Genrich, Mandela Barnes, Daniel
Riemer, Katrina Shankland, and Mandy Wright
Summary Narrative of the Policy: Current law prohibits employment discrimination on the
basis of sex, including discrimination against any woman on the basis of pregnancy or a
related medical condition; however, this does not cover discrimination against pregnant
women and recent mothers in the workplace. This bill would require the employer to explore
options with an employee who requests reasonable accommodation because of pregnancy,
childbirth, or a related condition.
Relevant Talking Points & Important Information:
• Every time a woman is fired, forced to take leave, denied a promotion, or not hired because
she is pregnant or because a potential employer fears she might become pregnant, she
experiences discrimination. This hurts her, her family, and our nation’s economy.
• According to the U.S. Equal Employment Opportunity Commission, pregnancy
discrimination involves treating a woman – whether applicant or employee – unfavorably
because of pregnancy, childbirth, or a medical condition related to pregnancy or
childbirth. While the federal Pregnancy Discrimination Act forbids discrimination based
on pregnancy or the potential to become pregnant when it comes to any aspect of
employment, including hiring, firing, pay, job assignments, promotions, layoff, training,
fringe benefits (such as leave an health insurance), PDA does not regulate the treatment
of women who become pregnant while on the job. In fact, employers are not required to
make minor job modifications for pregnant women or recent mothers.
• The Stop Pregnancy Discrimination Act protects women, especially women in physically
demanding jobs – health care, food service and hotel workers, law enforcement, caregiving, and domestic workers to name a few. It requires employers to provide reasonable
accommodations for pregnancy related conditions – like modified work hours, changing
the employee’s job responsibilities, relocating the employee’s work area, providing
mechanical or electronic aids to the employee, and/or transferring the employee to a less
strenuous or less hazardous job – that it does for other medical conditions and ensures
that women aren’t fired or forced to take unpaid leave.
• This bill is even more inclusive by providing reasonable requirements associated with
lactation and the new mother’s needs for expressing and storing breast milk.
Policy
2014 Book
State Level
11