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According to its sponsors, the Pregnancy Discrimination Amendment H.R. 4738, (“Amendment Act”) seeks to address a critical problem of pregnant workers being forced to choose between their jobs and their health when they have a medical need for temporary accommodations. The bill thus reflects the growing, bipartisan awareness of the need to strengthen legal protections for pregnant workers. Unfortunately, the Amendment Act raises more legal questions than it answers and, if enacted, could actually diminish the legal protections pregnant workers currently enjoy. By contrast, the bipartisan Pregnant Workers Fairness Act, H.R. 2694, would provide a clear, flexible rule ensuring reasonable accommodations for pregnant workers who need them. them.

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