U.S. Rep. Kristi Noem (R-SD) on March 7 introduced legislation that would guard pregnant women from discrimination at work by amending current law to say they are covered by the same protections as temporarily disabled employees.
The Pregnancy Discrimination Amendment Act, H.R. 5194, would update the Pregnancy Discrimination Act of 1978, which clarified that sex discrimination included bias based on pregnancy, birth and related medical conditions.
“South Dakota has one of the nation’s highest rates of working moms,” said Rep. Noem, “I firmly believe we need to do more to strengthen families, a mission that begins from the very beginnings of parenthood. Expectant mothers ought to be given some level of flexibility during their pregnancy so they can continue working and supporting their families.”
Rep. Noem was joined by U.S. Reps. Tim Walberg (R-MI), Lynn Jenkins (R-KS), Elise Stefanik (R-NY) and Ann Wagner (R-MO) in introducing the measure.
Rep. Walberg noted that any ambiguity that exists in the current law should be removed “to ensure expecting mothers can continue to count on these protections.”
H.R. 5194 would offer pregnant women clearer protections following a March 2015 U.S. Supreme Court decision that created uncertainty in the law, according to Noem’s office. The High Court ruled 6-3 in Young v. United Parcel Service Inc. that employers could accommodate certain categories of employees while refusing to accommodate pregnant women in some situations, although employers would have to meet a high legal bar in doing so.
“I’m proud that our legislation takes a balanced approach, protecting mothers and strengthening families without imposing duplicative burdens on their employers,” Noem said.
H.R. 5194 has been referred to the House Education and the Workforce Committee for consideration.