YEO Policy Books 2014 Policy Book | Page 11

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