Pregnant Workers Fairness Act: At the Intersection of Maternal Health, Discrimination, and Labor Law

The Massachusetts Pregnant Workers Fairness Act (PWFA) embodies much needed legislation that protects and advocates for the needs of working mothers. By holding employers to a set standard of business practices and regulations, the PWFA will help ensure the economic stability and health of employees across the state of Massachusetts.

On the surface, it is easy to compartmentalize the issues raised by the PWFA as just a women’s issue or a discrimination issue or a labor policy issue. Upon further inspection, however, it is clear that the job security and accommodation of pregnant workers reflects more broadly on American society and infrastructure.

Namely, the rights of pregnant workers are directly linked to issues of public health. The undue stress caused by a lack of reasonable accommodations and the threat of unemployment can put strain on the health of both mother and child; links have been found between high levels of stress during pregnancy and an elevated occurrence of premature birth and low birthweight. For example, pregnant workers who need income but lack reasonable accommodations often feel forced to continue working in unsafe environments in order to preserve their employment. Additionally, financial hardship as a result of discrimination during pregnancy can lead to increasing numbers of children living below the poverty line. These children are then at a distinct disadvantage when it comes to adequate healthcare and education.

This workshop will cover the implications of the PWFA on the intersecting issues of the economy and public health, through the lens of legislative action, with special attention to the need for this kind of legislation, as well as the expected results of its implementation.