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New Study Reveals Gaps in State Pregnancy Protections

Pregnant at Work

By Caren SainzPublished 6 months ago • 3 min read
New Study Reveals Gaps in State Pregnancy Protections
Photo by Pauline Andan on Unsplash

A new study by Yadegar, Minoofar & Soleymani LLP on pregnancy accommodation laws shows that pregnant workers in the United States have a big problem. Your rights at work are different depending on where you live.

The study says that federal laws are the starting point. State laws decide if a pregnant worker can get the help she needs at work or not.

The Big Picture

Pregnancy laws are not the same in the country. Than 30 states and Washington, D.C. have laws that say employers must help pregnant employees but other states only follow federal rules. This means two workers with the needs can be treated very differently just because of where they live.

Federal Law Sets the Minimum

The Pregnant Workers Fairness Act started in 2023. It says that employers with 15 or more employees must help workers unless it is too hard for the employer.

Examples of Help at Work

This help can include:

  • More breaks
  • Different work schedules
  • Temporary job changes
  • Time off for doctor visits

But this law does not help workers at companies so they have to rely on state laws.

Key Findings from the Study

The study found some things:

1. Some States Are Better

States like California, New Jersey and Colorado have laws to help pregnant workers. These laws say employers must do more to help. They also help workers at small companies. These states also give workers paid time off.

2. Other States Are Not as Good

Some states do not have any laws to help workers. These workers can only rely on laws, which may not help them if they work for a small company. This means some pregnant workers have no way to ask for help at work.

3. Company Size Matters

The study shows that workers at companies are in a tough spot. Since federal law only applies to companies with 15 or more employees many workers are not protected.

4. Laws Are Changing

Many states are making laws or changing old ones to help pregnant workers. These new laws help workers at companies give them paid time off and make work more flexible.

Why This Matters

Pregnant workers often need changes at work. Without these changes they may have to choose between their health and their job. Research shows that helping workers is not expensive and is easy to do but many workers still have problems getting the help they need.

The Bottom Line

The study shows that where you live can affect how you are treated at work when you are pregnant. It is essential to know your rights especially since laws are changing. For workers state laws can make a big difference, between keeping their job and losing it.

Additional Insights

Another important takeaway from the study is how awareness plays a role in protecting pregnant workers. Many employees are not fully aware of their rights under federal or state law. Without this knowledge, they may not ask for accommodations or may accept unsafe working conditions. This lack of awareness can make existing protections less effective.

The study also points out that communication between employers and employees is key. In many cases, issues arise because workers are unsure how to request help or employers do not understand their legal obligations. Clear policies and open communication can help prevent misunderstandings and reduce the risk of discrimination claims.

In addition, industries with physically demanding work tend to see more challenges. Jobs that require standing for long periods, lifting, or repetitive motion can be especially difficult during pregnancy. Without proper accommodations, workers in these roles may face higher health risks.

The findings show that stronger laws and better education can improve outcomes for pregnant workers. As more states update their laws, there is an opportunity to create more consistent protections across the country.

Humanity

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    Written by Caren Sainz