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For a decade now, A Better Balance and other organisations have been campaigning for the Pregnant Workers Fairness Act, to fill the gap in protections for pregnant workers. The US already has the Pregnancy Discrimination Act, but under this the legal bar for determining pregnancy discrimination is set very high. Essentially, according to A Better Balance, pregnant employees have to prove that someone in a comparable situation has already been accommodated similarly. Roughly 2/3 of workers who file cases for accommodation under the existing act ultimately lose their cases. Gedmark says the Pregnant Workers Fairness Act, which is now waiting for a vote in the US Senate, is about “providing the affirmative treatment that pregnant workers would need”.
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