Zia Saylor: Celebrating the Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA) went into effect one year ago on June 27, protecting pregnant and postpartum workers by allowing them access to reasonable accommodations within the workplace. This is an anniversary worth celebrating!

Yet to realize the vision of this critical legislation — and other legislation that would support working mothers nationwide — we must renew efforts to inform pregnant and postpartum workers of their rights and advocate for more family-friendly policies.

Implementing the PWFA has been long overdue: In 2022, nearly one in four pregnant workers considered dropping out of the labor force as a result of being denied reasonable accommodations and fearing reprisal. An additional one in five pregnant workers experienced discrimination. While this data is recent, the challenge of accessing workplace rights is not new. Since the 1970s, with the decline of labor power, some workplaces have increased violations of workplace protection laws. Amazon, Starbucks, Walmart, and Uber, just to name a few, have all fought against empowering their workers either through unions, legislative advocacy, or through denying accommodations as simple as needing more bathroom breaks.

This anti-worker behavior has undermined all kinds of workers, yet raises particular concern for the treatment of pregnant women. Lack of accommodations can lead to health harm for both the mother and the child she is expecting, an alarming thought in light of Indiana’s precarious position in the country as the state with the third highest maternal mortality rate.

In addition to promoting maternal health, the PWFA provides pregnant and postpartum workers fair treatment within the labor force that financially helps the nearly 51% of families in Indiana who rely on mothers as a primary breadwinner. These benefits conflict with Indiana’s legal actions, as the state recently joined 16 others in a lawsuit to undermine the power of the PWFA (after failing to pass state-level protections for pregnant and postpartum workers to boot).

Because this is an issue that impacts the fabric of our societal wellbeing, taking time to spread awareness on new postpartum and pregnant worker rights is a small but crucial step to get started on the wider issue at hand: supporting the invaluable role played by mothers and carers nationwide. Helping others realize their rights within the workplace paves the way for bigger steps forward, such as national paid family and medical leave for all, and broader access to affordable childcare. So share this article with any workers who are thinking of, in the process of, or recovering from pregnancy, and consider how you, and your vote, can be used to support mothers and mothers-to-be through policy.

More information on accommodations and what your legal rights are can be found from A Better Balance, a nonprofit that has free and confidential legal assistance in Spanish and English, and offers extensive resources on knowing and asking for your rights. The Indiana Community Action Poverty Institute also offers resources in English and Spanish on our Know Your Rights Page.

Education could help someone more than you know.

Zia Saylor is the research & communications associate for the Indiana Community Action Poverty Institute. This commentary previously appeared at indianacapitalchronicle.com. Send comments to [email protected].