Pregnancy and Motherhood in the Workplace The Rights Women Have and the Rights They Need Amal Bass, Women’s Law Project The Rights Women Have and the Rights They Need Amal Bass, Women’s Law Project

Women in the Workforce  In 2008, 59.5 % of women were in the American labor force.  Between 1975 and 2000, the percentage of women with children under age 18 who joined the labor force rose from 47% to 73%. In 2008, the participation rate was 71%.  In the U.S. and in Pennsylvania, women make up about half of the workforce. *U.S. Dep’t of Labor, Women in the Labor Force: A Databook (2009) *Pennsylvania Dep’t of Labor & Industry, Equal Employment Opportunity Data (2000).  In 2008, 59.5 % of women were in the American labor force.  Between 1975 and 2000, the percentage of women with children under age 18 who joined the labor force rose from 47% to 73%. In 2008, the participation rate was 71%.  In the U.S. and in Pennsylvania, women make up about half of the workforce. *U.S. Dep’t of Labor, Women in the Labor Force: A Databook (2009) *Pennsylvania Dep’t of Labor & Industry, Equal Employment Opportunity Data (2000).

Sex Discrimination Against Working Mothers, including:  Pregnancy Discrimination  Refusals to accommodate nursing mothers in the workplace  Family Responsibility Discrimination  Pregnancy Discrimination  Refusals to accommodate nursing mothers in the workplace  Family Responsibility Discrimination

Pregnancy Discrimination:  Title VII of the Civil Rights Act of 1964, Pregnancy Discrimination Act (PDA) 42 U.S.C.S. § 2000e(k)  Pennsylvania Human Relations Act (PHRA), 42 P.S. §§ 951, et seq  Philadelphia Fair Practices Ordinance Philadelphia Code §§ , et seq  Title VII of the Civil Rights Act of 1964, Pregnancy Discrimination Act (PDA) 42 U.S.C.S. § 2000e(k)  Pennsylvania Human Relations Act (PHRA), 42 P.S. §§ 951, et seq  Philadelphia Fair Practices Ordinance Philadelphia Code §§ , et seq

Breastfeeding Accommodation  Title VII   State law   Patient Protection and Affordable Care Act (Affordable Care Act)   Title VII   State law   Patient Protection and Affordable Care Act (Affordable Care Act) 

Family Responsibility Discrimination  Title VII/PHRA/Phila. Fair Practice Ordinance  Family Medical Leave Act 29 U.S.C. §§ 2601, et seq.  Americans with Disabilities Act (ADA) 42 U.S.C. § 12112(b)(4) (association provision)  Title VII/PHRA/Phila. Fair Practice Ordinance  Family Medical Leave Act 29 U.S.C. §§ 2601, et seq.  Americans with Disabilities Act (ADA) 42 U.S.C. § 12112(b)(4) (association provision)

How to Assert Your Rights  Exhaustion of Remedies—  Equal Employment Opportunity Commission (EEOC): Title VII/PDA, ADA  Pennsylvania Human Relations Commission (PHRC): PHRA  Philadelphia Commission on Human Relations: Philadelphia Fair Practices Ordinance  Exhaustion of Remedies—  Equal Employment Opportunity Commission (EEOC): Title VII/PDA, ADA  Pennsylvania Human Relations Commission (PHRC): PHRA  Philadelphia Commission on Human Relations: Philadelphia Fair Practices Ordinance

How to Assert Your Rights  FMLA—U.S. Department of Labor or private lawsuit  Affordable Care Act  FMLA—U.S. Department of Labor or private lawsuit  Affordable Care Act

Difficulties in Bringing These Cases:  Whether the appropriate laws apply:  Size of employer  Definition of employee  Short timeframe to exhaust remedies  Evidence—Comparator problems  Fear of retaliation  Whether the appropriate laws apply:  Size of employer  Definition of employee  Short timeframe to exhaust remedies  Evidence—Comparator problems  Fear of retaliation

Needed Reforms:  Breastfeeding in the workplace legislation that fills the gaps left after the Affordable Care Act.  Duty to accommodate temporary disabilities related to pregnancy  Paid sick leave legislation  Breastfeeding in the workplace legislation that fills the gaps left after the Affordable Care Act.  Duty to accommodate temporary disabilities related to pregnancy  Paid sick leave legislation