Pregnant Workers Deserve Fair Treatment on the Job

Corrissa Hernandez learned she was pregnant just before starting orientation for her new job at a Walmart Supercenter in Ohio. As outlined in the complaint NWLC filed on her behalf today,  Hernandez worked her first few shifts as a cashier before approaching a lead cashier to request a few changes at work, which her doctor recommended because her pregnancy was high-risk.  Hernandez asked to sit rather than stand at her workstation and to move to a part-time schedule. In response, Walmart fired her, telling her to reapply when she was no longer pregnant.  

What happened to Corrissa Hernandez is all too common. Before the Pregnant Workers Fairness Act (PWFA) was passed in 2022, pregnant workers were often pushed out of their jobs if they needed a minor change in workplace duties, losing income and benefits at a time when they could least afford it. In other instances, they continued working without the adjustments they needed, sometimes with severe consequences for their health.  

The Pregnant Workers Fairness Act provides a solution and a way for workers like Corrissa Hernandez to seek redress. This landmark law requires employers to provide pregnant workers with simple, temporary adjustments—like a stool to sit on, a temporary lifting restriction, more frequent breaks, or time off to attend health care appointments—that allow them to continue to earn a paycheck without risking their health or the health of their pregnancies. These accommodations are particularly important for workers in low-paid jobs, which are disproportionately held by women of color, and which are particularly likely to be physically demanding and have inflexible policies and working conditions. 

Because of the PWFA, workers like Hernandez have the tools they need to fight back when they are denied reasonable accommodations. Walmart fired Hernandez because she needed straightforward, temporary accommodations to do her job safely. Walmart, one of the largest private employers in the country, also has a long history of discrimination against pregnant workers. That’s why the National Women’s Law Center is representing Corrissa Hernandez in her employment discrimination charge against Walmart.  

Currently, the PWFA is under attack. Several states, along with the U.S. Conference of Catholic Bishops, Catholic University, and two local dioceses, have filed lawsuits that would undermine the scope of the PWFA’s protections. In Texas, a court decision has limited the ability of state employees to enforce their rights under the law. Hernandez’s case illustrates exactly why we must continue to defend the PWFA against these challenges and fight for strong enforcement of the law, so that the rights guaranteed by the law can become a reality all workers affected by pregnancy, childbirth, and related conditions. 

Resources If You Have Experienced Pregnancy Discrimination 

One option for finding a lawyer is to contact the Legal Network for Gender Equity, administered by the National Women’s Law Center Fund. The Legal Network is made up of attorneys who litigate sex discrimination matters, including pregnancy discrimination matters. If you contact the Network, you will be connected to lawyers in the Legal Network for Gender Equity who practice in your area. Lawyers in the Legal Network agree to do a free initial consultation with people coming to them through the Legal Network.   

To contact the Legal Network for Gender Equity, fill out an online intake form here: https://nwlc.org/legal-assistance or call us at: 202-319-3053. 

You can also check the National Employment Lawyers Association attorney database here: http://exchange.nela.org/memberdirectory/findalawyer. 

You may also find legal help through the American Bar Association Directory: https://www.americanbar.org/groups/legal_services/flh-home/flh-bar-directories-and-lawyer-finders.  

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