Pregnant Workers Need More Protection than Walmart’s Giving Them

Laura ClawsonWalmart’s habit of making pregnant women choose between their paychecks and their health by denying them light duty got the retail giant enough bad publicity to spur a change in policy. The new policy leaves Walmart a whole lot of wiggle room to continue putting pregnant women in difficult positions, but it’s an improvement. However, Elizabeth Stoker wonders why Walmartisn’t giving pregnant women the same moral standing it gives veterans, who the company is making a big push to hire:

There’s no material reason veterans make better candidates for employment at Wal-Mart than any other candidate, especially for the low-skilled labor being performed on the floor of retail shops. And yet Wal-Mart’s commitment to veterans doesn’t seem entirely out of line, as veterans are seen as people with a different moral standing than others: They have contributed something of value, and therefore are valued.Wal-Mart notably doesn’t categorize pregnant women in that same class of morally valuable person. Benefits and accommodations in work are not offered to pregnant women insofar as they are pregnant, but only insofar as they are disabled in a medical sense by the effects of pregnancy. In other words, pregnancy has simply been subsumed under the preexisting criteria of disability rather than granted its own category of consideration. […]

After all, pregnant women are at the final analysis socially valuable and morally distinct as a category of person. They ensure the ongoing life of society, and do so at personal cost: sometimes great, sometimes minor. If Wal-Mart is willing to recognize the moral significance of veterans in those terms, why not pregnant women?

The answer to the question is “because there isn’t as much public pressure and Walmart doesn’t do anything for workers without public pressure.” Besides, all it’s actually doing for veterans is hiring some of them to crappy Walmart jobs and giving some money to veterans’ programs to make itself look good. There’s no reason to believe veterans won’t be treated as badly as any other Walmart worker.Whatever your reasoning, though, pregnant women deserve stronger workplace protections than they currently have. It shouldn’t take bad publicity to get businesses to offer women light duty when they have a doctor’s note saying they need it, and policies offering accommodation shouldn’t have as much wiggle room as Walmart’s does. For that matter, women shouldn’t have to depend on having a decent boss to be able to keep working safely through pregnancy. That should be a matter of the law. Instead, pregnant women now face discrimination and Republicans are predictably standing in the way of the Pregnant Workers Fairness Act, which would strengthen protections for all pregnant women, not just the ones whose employers have gotten bad press.

This article was originally printed on the Daily Kos on May 23, 2014.  Reprinted with permission.

About the Author: Laura Clawson is the labor editor at the Daily Kos.

 

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.