Artists4ERA
Inspiring equality for everyone!
“Will this help with pregnancy discrimination?”
- Discrimination on the basis of pregnancy (or the capacity to become pregnant) is a major cause of sex discrimination. The 28th Amendment (Equal Rights) will constitutionally protect from discrimination on the basis of sex, which likely includes discrimination on account of pregnancy, childbirth, or breast-feeding.
- The United States one of only two countries in the world, along with Papua New Guinea, that have no statutory national policy of paid maternity leave (source, The Economist) and at the current rate of adoption it will take 150 years for everyone in the United States to have paid leave. (source, evoke)
Related and horrifying side note: Within ten days of having a baby, one in four women are back at work. (source, In These Times)
- Complaints of pregnancy discrimination filed with the EEOC range from being fired for being pregnant (30%) to discriminatory terms/conditions of employment, to denial of minor medical accommodations (like carrying a water bottle or more frequent bathroom breaks). (source, National Partnership for Womens and Families)
- The 28th Amendment empowers Congress to enact legislation to strengthen protections for pregnant workers. As it stands now, women who need to keep their jobs are sometimes forced to choose between performing their usual functions and complying with their physicians’ care instructions. The results can be devastating, with miscarriages occurring on the job. For example, in Young v. United Parcel Service, Inc. (2015) the Supreme Court found that a policy that allowed accommodation for a driver with a suspended license but not a pregnant worker was not employment discrimination. In fact, the Supreme Court declined to interpret the Pregnancy Discrimination Act as a variation of sex discrimination.
- Protecting American workers and their pregnancies will help families because most households in America depend, wholly or in part, on women’s income.
ADDITIONAL FAQs
What Changes
“What will the 28th Amendment (Equal Rights) really do?”
About Us
“Who is VoteEqualityUS and what’s your plan?”
Abortion
“Doesn’t this open the door for abortion rights?”
Bathrooms
“Will we all have to use the same bathrooms?”
Bipartisan
“Do most Americans support Equal Rights in our Constitution?”
Black Lives Matter
“What’s your position on Black Lives Matter?”
Business Case
“How does gender equality impact businesses?”
Contracts
“Won’t women contractors lose enhanced status for contract bids?”
Convention
“Can’t we just do this during the constitutional convention?”
COVID-19
“What kind of impact is COVID-19 having on gender equality?”
Deadline
“Didn't the ratification deadline already pass?”
Discrimination
“What government gender discrimination is happening now?”
Draft
“Does constitutional equality mean women will be drafted?”
Equal Pay
“Will this help women get paid more equally?”
Family Law
“How will the Equal Rights Amendment impact family law?”
Fear of Unknown
“How can we do this when we don't know what will happen?”
Gender Violence
“How can constitutional gender equality help with gender violence?”
Ginsburg
“Didn’t RBG say something about starting over?”
History
“What is the history of the 28th Amendment (Equal Rights)?”
Insurance
“What about insurance? Someone said my rates will go up.”
International
“How do we compare to other countries?”
Intersectionality
“Is the 28th Amendment (Equal Rights) for all of us?”
Military
“How will the Equal Rights Amendment impact our military?”
Pregnancy
“Will this help with pregnancy discrimination?”
Rescissions
“Didn’t a few states rescind their ratifications?”
Social Security
“Will my widow lose her social security benefits when I die?”
Sports
“Will my daughter lose her girls only soccer team?”
Tax Exempt Status
“Will my church lose its tax exempt status?”
Title VII and Title IX
“How is this different from Title VII and Title IX?”
Topless
“Will women now be walking around topless?”
Transgender
“Will this provide protections for transgender individuals?”
Virginia v Ferriero
“Isn’t there a court case about the 28th Amendment (Equal Rights)?”
