New Mexicans deserve the opportunity to work to support their families without risking the health of their pregnancies.
Although the Pregnancy Discrimination Act of 1978 (PDA) created basic protections for pregnant workers, many still face discrimination, have difficulty getting accommodation in their workplaces, and are being pushed out of their jobs.
Pregnancy is not classified as a disability under the American with Disabilities Act, which provides a right to reasonable accommodations for workers with disabilities. This exclusion limits pregnant workers who may need accommodations to prevent complications from arising during their pregnancy or who have pregnancy-related complications that do not meet the definition of disability.
Some examples of what this bill does:
- Employers with four or more employees are required to grant a reasonable accommodation for an employee with a need arising from pregnancy, childbirth, or related condition as long as it does not create an undue hardship for the employer.
- An employer cannot force a pregnant employee to take unpaid or paid leave if another accommodation can be provided, unless the employee requests leave as an accommodation.
- Some examples of a reasonable accommodation can include 1) allowing an employee to keep water at their workstation, 2) extra bathroom breaks, 3) reprieve from heavy lifting, 4) light duty, or 5) time off to attend prenatal appointments.