WASHINGTON — AAUW urges the nation to celebrate the gains that women have made under the Pregnancy Discrimination Act, which was enacted 30 years ago on October 31. The critical civil rights law requires employers to treat pregnant women the same as other employees with similar abilities or physical limitations.
"There was a time in this country when pregnancy served as a green light for sex discrimination. The Pregnancy Discrimination Act has helped to change the nation's mindset about childbearing and working moms, and it continues to provide significant civil rights protections for women," said AAUW Executive Director Linda D. Hallman, CAE. "This important legislation has helped to pave the way for a generation of working women and strengthened the American workforce in the process."
AAUW is closely watching AT&T v. Hulteen, a case before the Supreme Court involving the Pregnancy Discrimination Act. The high court will decide whether women who took pregnancy leave before the passage of the Pregnancy Discrimination Act should get full service credit for their time on leave when calculating their retirement benefits. AAUW has signed on to an amicus brief in the Hulteen case on behalf of the women, arguing against discriminatory practices that treat pregnancy leave less favorably than leave for other disabilities when calculating such benefits.
"We are completely behind Noreen Hulteen and the other women in their fight against AT&T," said Lisa M. Maatz, AAUW director of public policy and government relations. "Their pensions should not be tainted by the discriminatory policies of the past, and they should not be punished simply because they became mothers."
While men can typically encounter a job boost from fatherhood, women often hit the "maternal wall," according to experts who study the issue. While more than 80 percent of American women become mothers during their working lives, studies show there is a "motherhood penalty" on wages of approximately 5 percent for every child a woman has. 1These pay inequities find their way into women's golden years, not only in the form of fewer funds to save during their working years but also in smaller pensions in retirement.
On Capitol Hill, AAUW is fighting for family-friendly legislation that would help fulfill the promise of the Pregnancy Discrimination Act. "Unfortunately, AT&T is basing part of its arguments in the Hulteen case on the Ledbetter decision, so women are already reaping what the Supreme Court has sown with that wrongheaded decision," said Maatz. "In these tough economic times, there should be an even better incentive not only to enforce the Pregnancy Discrimination Act properly and vigorously but also to pass the Ledbetter Fair Pay Act."
As part of the anniversary celebration, AAUW's Legal Advocacy Fund (LAF) has released a new web resource on the Pregnancy Discrimination Act. The law is featured in a new element of the LAF Resource Library that includes useful background, information about rights and enforcement, a discussion of recent pregnancy discrimination cases, as well as answers to frequently asked questions and additional resources.
"When the Pregnancy Discrimination Act was passed, we had no women on the Supreme Court and precious few women in Congress. While a lot has improved for working women, AAUW believes that paid sick days and pay equity are critical ingredients to fulfill the promises of the Pregnancy Discrimination Act," Hallman said. "Such legislation is good for women, good for families, and good for business."
1Budig, Michelle J., and Paula England. "The Wage Penalty for Motherhood." American Sociological Review 66, 2 (2001): 204–25.
