Exploring Expanded Protections for Black Working Mothers

Fact Sheet Exploring Expanded Protections for Black Working Mothers

Introduction

The maternal health crisis disproportionately affects Black women and causes unfavorable outcomes stemming from racial and ethnic disparities. For over two decades, the mortality rate among Black mothers was either stagnant or consistently rose, with over 2.5 times higher death rates than white and Hispanic women between 2018 and 2021 (Maternal Mortality Rates in the United States, 2021, 2023). Black working mothers encounter further discrimination related to pregnancy and breastfeeding, inadequate legal protections, and little concern for their safety and well-being in the workplace (Gonzales, 2023).

Oluwatosin Oyadiran, John R. Lewis Social Justice Fellow | August 2023

The Pregnant Workers Fairness Act (PWFA) officially took effect on June 29, 2023. It clarifies the nondiscrimination provisions in the 1978 Pregnancy Discrimination Act, which rendered it illegal to discriminate based on pregnancy, childbirth, or related medical conditions

(US EEOC, n.d.)

Included in the Fiscal 2023 Omnibus Spending bills, the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act improve care and safeguard the rights of working mothers. By enacting these legislations, the government is advancing safe workplaces free of discrimination and ensuring that Black working mothers receive fair treatment and reasonable accommodations during and after pregnancy. These legislations are espe cia lly significant for Black mothers who play essential roles in the American economy and underscore the public health significance of keeping them in the workforce (Glynn, 2019). This fact sheet provides an overview of the effects of these legislations on Black working mothers and offers actionable recommendations for improving their health outcomes.

Legislation Highlights

The Pregnant Workers Fairness Act (PWFA) officially took effect on June 29, 2023. It clarifies the nondiscrimination provisions in the 1978 Pregnancy Discrimination Act, which rendered it illegal to discriminate based on pregnancy, childbirth, or related medical conditions (US EEOC, n.d.). PWFA creates more transparent and enforceable provisions to protect Black working mothers by:

• Clarifying employer obligations in providing reasonable accommodations.

• Under PWFA, a Black mother can notify their employer of pregnancy, childbirth, or related medical conditions. The employer must, in turn, make reasonable attempts to identify and provide accommodations without causing undue hardship to the organization’s operations. These accommodations may include closer parking spots, additional time for restroom breaks, and modified food or drink policies.

• Enshrining the importance of new mothers in America’s economy.

• This Act promotes the retention of Black working mothers, even when they experience temporary limitations in performing essential job functions. It also emphasizes the importance of providing reasonable accommodations to support Black working mothers throughout and after pregnancy.

• Emphasizing nondiscrimination regarding reasonable accommodations requested or provided.

• Under PWFA, the employer cannot ignore limitations brought to their attention and can only deny accommodations if they can prove undue hardship(s) on business operations. Additionally, the employer is prohibited from mandating leave (paid or unpaid) to avoid providing such accommodations or coercing the employee to accept measures that do not truly reflect reasonable accommodations. PWFA also makes it illegal to deny employment solely based on the candidate’s need for reasonable accommodation.

• Protecting employees from retaliation for asserting their rights of reasonable accommodation.

• This Act tackles employer violations by implementing enforcement mechanisms that allow individuals to lodge complaints or initiate legal proceedings. This law prohibits any interference, coercion, intimidation, or threat to employees who use their rights under this Act. Employees with successful claims are also guaranteed compensation, including back pay, reinstatement, and reimbursement of legal fees.

The Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, passed in 2022, extends the coverage of FLSA protections for nursing mothers in the workplace to more than nine million women by enhancing the provisions in Section 4207 of the Patient Protection and Affordable Care Act and the Break Time for Nursing Mothers Act (FLSA Protections to Pump at Work, n.d.). This Act is particularly beneficial to Black nursing mothers by:

• Protecting their rights to reasonable breaks for expressing breast milk for up to one year following childbirth and providing dedicated and suitable private spaces other than bathrooms.

• Reducing discomfort caused by breast engorgement and associated complications such as pain, infections, and decreased milk supply during working periods.

• Emphasizing the medical and psychological importance of breast milk. Breastfeeding working mothers are able to provide their babies with the necessary nutrients, promoting bonding and facilitating faster recovery from childbirth. Breastfeeding is also more costeffective than formula feeding.

Under PWFA, a Black mother can notify their employer of pregnancy, childbirth, or related medical conditions. The employer must, in turn, make reasonable attempts to identify and provide accommodations without causing undue hardship to the organization’s operations.

The

Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, passed in 2022, extends the coverage of FLSA protections for nursing mothers in the workplace to more than nine million women by enhancing the provisions in Section 4207 of the Patient Protection and Affordable Care Act and the Break Time for Nursing Mothers Act (FLSA Protections to Pump at Work, n.d.).

Key Implications for Black Working Mothers

The health disparities experienced by Black mothers have significant consequences for themselves and their children. They face a higher risk of pregnancy-related complications and three times the mortality risk as white women, while Black infants have a disproportionately higher likelihood of death than infants of other races (Bond et al., 2022; Infant Mortality | Maternal and Infant Health | Reproductive Health | CDC, 2022). The Pregnancy Workers Fairness Act (PWFA) supports Black mothers by facilitating interventions from employers to improve their health and safety. This law ensures that Black mothers can access prenatal and postpartum care without repercussions. Similarly, the PUMP Act enhances access to the health benefits associated with breastfeeding, such as improved digestion and enhanced immunity through maternal antibodies. The PUMP Act can contribute to reducing healthcare expenses by improving cognitive development and lowering the risk of asthma, infections, metabolic syndrome, and sudden infant death syndrome in Black infants (Burtle & Bezruchka, 2016).

Structural barriers persist that prevent Black Americans from educational and employment opportunities (Chinn et al., 2021). Black families suffer more unemployment than other racial groups, and Black mothers specifically endure lower wages, promotion discrimination, and greater job attrition rates (Economic News Release, 2023). Black mothers are also likelier than any racial group to work jobs with limited flexibility and lack paid maternity leave benefits (Goodman et al., 2021). By establishing job protection measures for expectant and new mothers, these laws create a sense of assurance for Black mothers as they navigate the challenges of motherhood. In addition, these laws contribute to fostering better work-life balance for Black mothers by providing job protection and alleviating some of the stress associated with caring for a newborn and self during the postpartum period. This can foster an environment where Black mothers can find the support they require to navigate this crucial phase of their lives successfully.

The Pregnancy Workers Fairness Act (PWFA) supports Black mothers by facilitating interventions from employers to improve their health and safety. This law ensures that Black mothers can access prenatal and postpartum care without repercussions.

Key Opportunity Gaps

Despite the ongoing efforts to address the challenges encountered by pregnant and nursing mothers in the workforce, further action is needed to improve conditions for Black working mothers.

1. Mandate Paid Parental Leave

Under the Family and Medical Leave Act (FMLA) of 1993, employees can take unpaid, job-protected leave for certain family and medical reasons (29 USC Ch. 28: FAMILY AND MEDICAL LEAVE, n.d.). In states where paid family and medical leave laws have not been enacted, apart from 13 states and the District of Columbia, the allocation of paid parental leave predominantly falls within the purview of employers (Solving the Black Maternal Health Crisis | Johns Hopkins | Bloomberg School of Public Health, 2023). Implementing paid job-protected parental leaves would greatly benefit Black working mothers by promoting paternal involvement and affording them the time and financial resources to prioritize their well-being and their newborns before rejoining the workforce.

2. Update FMLA Provisions to Address Current Work Conditions

An employer may be exempt from offering parental leave if they have remote workers (if workers are outside the 75-mile radius) and each worksite employs less than 50 employees (29 USC Ch. 28: FAMILY AND MEDICAL LEAVE, n.d.). Yet, certain employers, whether deliberately or due to the nature of their businesses, may have hundreds or even thousands of workers within the United States and still not be legally obligated to adhere to FMLA. It is essential to close any loopholes and establish measures for employers to provide parental leave unless they can prove that it negatively affects their business.

3. Pass the Black Maternal Health Momnibus Act of 2023

If signed into law, this legislation will ensure investment and reforms in maternal health, targeting the factors contributing to maternal health disparities for Black mothers. These include social determinants of health, WIC eligibility, equity-focused communitybased initiatives and federal programs, maternal vaccination, maternal mental health, maternal health among veterans and maternal health during incarceration, and payment models (Adams, 2023).

4. Integrate Cultural Competency in Maternal Health Delivery Racism poses a significant obstacle to equitable access to health care (Njoku et al., 2023). Concrete measures are essential to address this obstacle, such as developing tools to report and evaluate racial bias, anti-racism, and implicit bias training, funding a diverse healthcare workforce, and implementing Black maternal health-focused reimbursement models in Medicare and Medicaid (Hardeman et al., 2022). Deliberate actions, including increasing healthcare access in underserved areas, are imperative to confronting racial prejudice (Snowden & Michaels, 2023).

5. Improve Reproductive and Overall Feminine Health Among Black Women

a. Legalizing abortion and improving access to reproductive health products: Reinstating the constitutional right to abortion protects women’s rights, removes barriers to safe and appropriate abortion services, and ensures timely access to lifesaving care for mothers with complications (Berg & Woods, 2023). Without proper abortion protections,

By establishing job protection measures for expectant and new mothers, these laws create a sense of assurance for Black mothers as they navigate the challenges of motherhood. In addition, these laws contribute to fostering better work-life balance for Black mothers by providing job protection and alleviating some of the stress associated with caring for a newborn and self during the postpartum period.

passage of the Pregnancy Workers Fairness Act (PWFA) and the Pumping Mothers at Work Act (PUMP Act)

more Black workers could potentially leave their jobs or be ineligible for the Pregnant Workers Fairness Act due to complications that may permanently affect their ability to perform essential work duties.

b. Preventing and efficiently managing pre-existing conditions: These efforts encompass enhancing preconception and prenatal care, allocating research funding for health conditions disproportionately affecting Black women, and involving multidisciplinary care teams, including doulas and midwives. Black mothers often seek culturally sensitive care from doulas and midwives, emphasizing the need to prioritize inclusivity by promoting access to these services (Solving the Black Maternal Health Crisis | Johns Hopkins | Bloomberg School of Public Health, 2023).

Conclusion

The passage of the Pregnancy Workers Fairness Act (PWFA) and the Pumping Mothers at Work Act (PUMP Act) demonstrate progress in improving maternal health outcomes and advancing the fair treatment of Black mothers. However, it is crucial to prioritize addressing the distinct challenges that Black mothers face to support their well-being, empowerment, and professional growth. Collective action by policymakers, employers, and stakeholders can create an inclusive workplace environment that supports Black maternal health and a thriving workforce.

The

demonstrate progress in improving maternal health outcomes and advancing the fair treatment of Black mothers.

REFERENCES

1. 29 USC Ch. 28: FAMILY AND MEDICAL LEAVE. (n.d.). Retrieved July 15, 2023, from https://uscode.house.gov/view.xhtml?path=/prelim@ title29/chapter28&edition=prelim

2. Adams, A. (2023, May 15). In Honor of Mother’s Day, Adams, Booker, Underwood Reintroduce the Momnibus to End America’s Maternal Health Crisis. Congresswoman Alma Adams. http://adams.house.gov/media-center/press-releases/honor-mothers-dayadams-booker-underwood-reintroduce-momnibus-end

3. Berg, J. A., & Woods, N. F. (2023). Overturning Roe v. Wade: Consequences for midlife women’s health and well-being . Women’s Midlife Health, 9(1), 2. https://doi.org/10.1186/s40695-022-00085-8

4. Bond, R. M., Ansong, A., & Albert, M. A. (2022). Shining a Light on the Superwoman Schema and Maternal Health. Circulation, 145(7), 507–509. https://doi.org/10.1161/CIRCULATIONAHA.121.058905

5. Burtle, A., & Bezruchka, S. (2016). Population Health and Paid Parental Leave: What the United States Can Learn from Two Decades of Research. Healthcare, 4(2), Article 2. https://doi.org/10.3390/healthcare4020030

6. Chavda, J. (2023, April 13). In a Growing Share of U.S. Marriages, Husbands and Wives Earn About the Same. Pew Research Center’s Social & Demographic Trends Project. https://www.pewresearch.org/social-trends/2023/04/13/in-a-growing-share-of-u-s-marriageshusbands-and-wives-earn-about-the-same/

7. Chinn, J. J., Martin, I. K., & Redmond, N. (2021). Health Equity Among Black Women in the United States. Journal of Women’s Health, 30(2), 212–219. https://doi.org/10.1089/jwh.2020.8868

8. Corbett, H. (2022, February 22). How To Be An Ally For Black Women In The Workplace. Forbes. https://www.forbes.com/sites/ hollycorbett/2022/02/22/how-to-be-an-ally-for-black-wome-in-the-workplace/?sh=655ea73f3123

9. Dave, D., Fu, W., & Yang, M. (2023). Mental Distress Among Female Individuals of Reproductive Age and Reported Barriers to Legal Abortion Following the US Supreme Court Decision to Overturn Roe v Wade. JAMA Network Open, 6(3), e234509. https://doi. org/10.1001/jamanetworkopen.2023.4509

10. Economic News Release. (2023, April 19). Employment Characteristics of Families News Release—2022 A01 Results. US Department of Labor Statistics. https://www.bls.gov/news.release/famee.htm

11. FLSA Protections to Pump at Work. (n.d.). DOL. Retrieved July 15, 2023, from http://www.dol.gov/agencies/whd/pump-at-work

12. Glynn, S. J. (2019, May 10). Breadwinning Mothers Continue To Be the U.S. Norm. Center for American Progress. https://www. americanprogress.org/article/breadwinning-mothers-continue-u-s-norm/

13. Gonzales, M. (2023, May 1). Black Mothers at Work: How Discrimination, Low Pay Erode Their Health. SHRM. https://www.shrm. org/resourcesandtools/hr-topics/behavioral-competencies/global-and-cultural-effectiveness/pages/black-mothers-at-work-howdiscrimination-low-pay-erode-their-health.aspx

14. Goodman, J. M., Williams, C., & Dow, W. H. (2021). Racial/Ethnic Inequities in Paid Parental Leave Access. Health Equity, 5(1), 738–749. https://doi.org/10.1089/heq.2021.0001

15. Hardeman, R. R., Kheyfets, A., Mantha, A. B., Cornell, A., Crear-Perry, J., Graves, C., Grobman, W., James-Conterelli, S., Jones, C., Lipscomb, B., Ortique, C., Stuebe, A., Welsh, K., & Howell, E. A. (2022). Developing Tools to Report Racism in Maternal Health for the CDC Maternal Mortality Review Information Application (MMRIA): Findings from the MMRIA Racism & Discrimination Working Group. Maternal and Child Health Journal, 26(4), 661–669. https://doi.org/10.1007/s10995-021-03284-3

16. Hoyert, D. (2023, March 16). Maternal Mortality Rates in the United States, 2021. CDC. https://www.cdc.gov/nchs/data/hestat/ maternal-mortality/2021/maternal-mortality-rates-2021.htm

17. Infant Mortality | Maternal and Infant Health | Reproductive Health | CDC. (2022, September 8). https://www.cdc.gov/ reproductivehealth/maternalinfanthealth/infantmortality.htm

18. Nettesheim, K. (2023). Breastfeeding Promotion in the Workplace. https://uknowledge.uky.edu/cph_etds/390

19. Njoku, A., Evans, M., Nimo-Sefah, L., & Bailey, J. (2023). Listen to the Whispers before They Become Screams: Addressing Black Maternal Morbidity and Mortality in the United States. Healthcare, 11(3), Article 3. https://doi.org/10.3390/healthcare11030438

20. Radke, S. M. (2022). Common Complications of Breastfeeding and Lactation: An Overview for Clinicians. Clinical Obstetrics & Gynecology, 65(3), 524–537. https://doi.org/10.1097/GRF.0000000000000716

21. Roux, M. & 2021. (2021, August 3). 5 Facts About Black Women in the Labor Force. US Department of Labor Blog. http://blog.dol. gov/2021/08/03/5-facts-about-black-women-in-the-labor-force

22. Snowden, L. R., & Michaels, E. (2023). Racial Bias Correlates with States Having Fewer Health Professional Shortage Areas and Fewer Federally Qualified Community Health Center Sites. Journal of Racial and Ethnic Health Disparities, 10(1), 325–333. https://doi. org/10.1007/s40615-021-01223-0

23. Solving the Black Maternal Health Crisis | Johns Hopkins | Bloomberg School of Public Health. (2023, May 12). https://publichealth.jhu. edu/2023/solving-the-black-maternal-health-crisis

24. US EEOC. (n.d.). The Pregnant Workers Fairness Act. US EEOC. Retrieved July 15, 2023, from https://www.eeoc.gov/statutes/pregnantworkers-fairness-act