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This article takes a novel approach of conceptualising pregnancy as an impairment in order to reconsider how the law responds to pregnant workers. We argue that this understanding may lead to developing more appropriate workplace responses to accommodate the changing body during pregnancy, as well as help to challenge the stigma associated with impairments. [ABSTRACT FROM AUTHOR]

Using the lenses and language of therapeutic jurisprudence, this paper will argue that the rights of pregnant workers are vulnerable in a post-Brexit climate. Whilst the sunset clause from the Retained EU Law Bill, which would have caused all retained EU law to automatically expire at the end of 2023 unless expressly stated otherwise by Ministers, was lifted, the original drafts of the Bill made clear the government's lack of respect for and interest in protecting workers' rights (amongst others). Furthermore, despite the abandonment of the sunset, the now legislated Retained EU Law (Revocation and Reform) Act 2023, aiming to deal with all laws that were once of European origin, still gives Ministers wide powers with limited input from Parliament to change EU derived legislation and replace with UK provision. Using an example from employment law, specifically, pregnant workers, this paper will show that the Act is a therapeutic jurisprudence unfriendly bottle as it has the potential to violate positive physical, social, and psychological outcomes. Recognising that these laws are currently vulnerable, we urge the government to keep intact (and potentially enhance) the laws protecting pregnant workers. [ABSTRACT FROM AUTHOR]

This paper explores how pregnancy discrimination at work is perceived by both employers and pregnant employees. Using a public, qualitative dataset collected by the UK Equality and Human Rights Commission that offers perspectives from both employers and pregnant employees, we explore the unfair and unethical treatment of pregnant employees at work. Our findings show how pregnant workers are expected to conform with workplace systems that are treated as sacred. We suggest that employer valorization of the mythical figure of 'ideal worker' disadvantages pregnant workers. We observe how, even if this contravenes maternity protection laws, some employers self-justify discrimination against pregnant employees who they perceive to have transgressed 'appropriate' workplace behaviors as ethical and reasonable. To illuminate and conceptualize the notion of transgression, our analysis has led us to the ideas of philosopher Georges Bataille, specifically his reflections on how individuals who 'transgress' social norms are treated as taboo, as well as his metaphorical descriptions of people and practices as either sacred or profane. We theorize that pregnant workers who are treated as profane should be reclassified as sacred, opening up this idea for debate so as to disrupt long-standing patterns of discrimination. [ABSTRACT FROM AUTHOR]

The article focuses on the proposed regulations to the Pregnant Workers Fairness Act (PWFA), aiming to address pregnancy-related accommodations in medical residencies. Topics include the challenges faced by medical residents during pregnancy, the PWFA's requirements for reasonable accommodations, and the complexity of applying these rules to residency programs due to their dual nature as both educational and employment settings.

The focus of the article is an analysis of the U.S. Pregnant Workers Fairness Act (PWFA) and its potential impact on pregnant workers' rights and workplace accommodations. It analyzes if the Pregnant Workers Fairness Act might encounter comparable obstacles to the Americans with Disabilities Act in offering suitable accommodations, exploring challenges for pregnant workers in securing workplace adjustments for their health during pregnancy.

Most American workers labor at will, meaning that employers may fire employees for any nondiscriminatory reason or no reason at all. Employers can even dismiss workers for seemingly unfair or arbitrary reasons. This fraught employment relationship has long resulted in a power imbalance for workers. That imbalance is particularly pronounced for pregnant and postpartum workers, who face disproportionate rates of discrimination at work. Even though pregnant and postpartum workers face greater discrimination than other subsets of workers, proving that discrimination using the burden-shifting framework articulated in McDonnell Douglas Corp. v. Green is unduly difficult under the atwill system. Despite some reform at the state and local levels and calls for just cause reform--which would require employers to provide a reason before terminating an employee--the at-will system prevails as the default rule in the American employment relationship. Significantly, however, one federal statute provides just cause protection: the Uniformed Services Employment and Reemployment Rights Act (USERRA). This Note provides a path to just cause protection for pregnant and postpartum workers by amending the Pregnancy Discrimination Act (PDA). Modeled after USERRA's just cause protection for veteran workers, this new system would help pregnant and postpartum workers prove their discrimination cases under the McDonnell Douglas burden-shifting framework. Both servicemembers and pregnant workers must leave their jobs for a set period of time, and both are particularly vulnerable upon reemployment. Therefore, this Note argues that both deserve similar reemployment protections. [ABSTRACT FROM AUTHOR]

The paper discusses the issue of the fine line between fictitious employment and discrimination. The presented study is a reflection from the Polish perspective. The purpose of this paper is to present the Polish regulation and authorities’ practices concerning the entitlement of women who began employment during pregnancy to social security benefits. The manuscript emphasizes that pregnancy does not create any presumption of fictitious employment, and the refusal to grant social security benefits to such women often leads to discrimination.

This article integrates doctrinal and empirical legal research methods to evaluate manifestations of discrimination experienced by pregnant workers and develops proposals to strengthen labour law to better support working women. The article commences by mapping the framework of rights and protections currently applicable to pregnant women under the Fair Work Act 2009 (Cth) (' FW Act '). It then analyses court decisions made under parts 3-1 and 3-2 of the FW Act that are relevant to pregnancy, which builds on the limited scholarship in this area. This is augmented by analysing the findings from a pilot study into the experiences of a group of pregnant workers in Victoria, which addresses an ongoing deficiency in the literature of the qualitative examination of workplace pregnancy discrimination. Scrutiny of the doctrinal and empirical data reveals the common manifestations and patterns of conduct that pregnant women experience at work. The article then considers how the rights and protections in the FW Act could be strengthened to better support pregnant women who experience unlawful conduct at work. It is argued that there are three critical gaps in the FW Act, which are leaving pregnant women vulnerable to detrimental treatment. Legislative reform proposals are formulated to address these gaps, of which the most pressing is to add pregnancy to s 65(1A) of the FW Act so that it comprises a ground on which employees can make requests for flexible working arrangements. [ABSTRACT FROM AUTHOR]

Women now constitute a significant portion of the workforce, making the effects of pregnancy on professional image (others' perceptions of competence and character at work) more salient. While opinions regarding how pregnant women should manage others' impressions and the consequences of doing so abound (Noveck, 2012) research to substantiate or disconfirm these opinions has lagged. In this paper, we present three studies that develop and test a model of social identity-based impression management (SIM) techniques used by pregnant workers. In Study 1 (n = 35), we utilized qualitative methods to identify the motives and strategies used by pregnant women to manage their professional images. In the second study, we collected two samples (n = 199 and n = 133) to develop and validate two scales based on the motives and strategies identified in Study 1. In Study 3 (n = 200), we employed a time-lagged design to examine how SIM motives and strategies affect important workplace outcomes: perceived discrimination, burnout, and returning to one's job after maternity leave. Our findings demonstrate both positive and negative outcomes of the motives and strategies women use to manage their images at work when pregnant. [ABSTRACT FROM AUTHOR]

This article contributes to the anthropology of morality through an ethnographic focus on the consultations of religiously observant Jews with rabbis and medical specialists regarding dilemmas surrounding prenatal diagnosis of fetal anomalies. Our ethnography looks at religious couples who consult rabbinic authorities on their reproductive dilemmas rather than making autonomous decisions and the procedures of decision‐making that rabbis enact. We examine the rabbis' emic practice of dividing moral labor and outsourcing it in a chain reaction to various medical and rabbinic experts. The purpose of outsourcing moral decisions and aggregating expert opinions is to lighten the heavy weight of moral responsibility for consultees as well as for the rabbinic consultants. In seeking expert consultations, people might actually be opting for liberation from freedom of choice—at least as defined in the model of autonomous decision‐making—rather than merely submitting to an authoritative doctrinarian power, whether of religion or biomedicine. [moral labor, religion, prenatal diagnosis, biomedicine, Orthodox Jews] [ABSTRACT FROM AUTHOR]

We examine efforts of feminist institutional activists in the 1960s and 1970s as they worked to gain U.S. federal policy to combat workplace pregnancy discrimination. The success of these activists in winning policy change provides a case that allows us to develop a theoretical understanding of how feminist institutional activists can succeed in winning policy change. We find that when institutional activists strategically shifted governmental arenas and adapted their mobilization and discursive strategies to these arenas, they were able to dismantle policy‐specific barriers that impeded their goals. In taking these steps, feminist institutional activists were successful in opening up both contingent and structural opportunities, which ultimately allowed them to gain the policy change they sought. [ABSTRACT FROM AUTHOR]

Purpose: Most industrialized countries have introduced maternity protection legislation (MPL) to protect the health of pregnant workers and their unborn children from workplace exposure. This review aimed to assess this legislation’s level of implementation, barriers and facilitators to it, and its expected or unexpected effects.Methods: A realist narrative review was conducted. Keyword searches of the PubMed, CINAHL, PsycINFO, MIDIRS, Sociological abstracts and Google Scholar electronic databases were performed in March 2018.Results: The 42 publications included show that the implementation of MPL is deficient in most countries. Allowing pregnant women to withdraw from work on preventive leave or sick leave is favored over workplace adaptations or worker reassignments. The publications highlight mechanisms which encourage or obstruct the enforcement of legislation at the levels of the individual, the physical and social environment, and the macrosocial context. The delay between the conception and implementation of maternity protection measures appears to be a major barrier to the efficacy of MPL. The literature also suggests that unexpected adverse effects, such as degradation in working relationships or discrimination can obstruct the implementation of protective measures.Conclusions: This study showed the need for a better implementation of MPL during pregnancy. Further research and recommendations for improvements in MPL should consider the diverse mechanisms and effects of its implementation. Barriers and adverse effects of this implementation do not only ensure a lack of information or awareness about MPL, but are also linked to contradictions between requirements to protect employment and protect pregnancy. [ABSTRACT FROM AUTHOR]

The aim of the study was to examine the risk of preterm birth following physically strenuous work during pregnancy. We included 343 pregnant women referred to an occupational medical clinic. Data on preterm birth and covariates were retrieved from the Danish Birth Registry. Risk estimates were computed by logistic regression using a population sample of gainfully employed women as reference (n = 345,915). The risk of preterm birth was increased in women lifting heavy loads during pregnancy (OR 1.40, 95% CI [0.88, 2.23]) but not in women with physically strenuous work (OR 0.98, 95% CI [0.66, 1.46]). The mean gestational age in the heavy-lifting group compared to the reference group was 2.4 days shorter (95% CI [0.36, 4.41]). The study challenges earlier reassuring findings as heavy-lifting pregnant women had a reduced gestational age, indicating a possibility of increased risk of preterm birth. [ABSTRACT FROM AUTHOR]

In the United States, it is common for women, including mothers and pregnant women, to work outside the home. Working during pregnancy is generally safe. For those in high-risk occupations or with medically complicated pregnancies, work accommodations often can allow for continued safe employment. The major employment issues concerning pregnant women include pregnancy-related discrimination, work accommodations that allow continued employment, job-protected leave and wage replacement while on leave. Workplace discrimination related to being pregnant and pregnancy-related harassment, including discrimination in the hiring process, is prohibited by federal and state law. There is no federal law guaranteeing comprehensive accommodations for pregnant and postpartum workers. Current federal and state laws provide protection for some pregnant women, but not others, because of eligibility requirements and state-by-state differences. By writing appropriate notes to employers, obstetrician-gynecologists and other obstetric care providers can be instrumental in obtaining accommodations for their patients who are able to continue working. Accommodations that allow a woman to keep working are the most reliable way to guarantee pay, benefits, and job protection. Obstetrician-gynecologists and other obstetric care providers also can assist pregnant women and their partners by providing them with information and resources that might help them better understand their employment rights. However, in cases for which potential job discrimination has occurred, accommodations are denied, extended medical leave is necessary, or when other complex employment questions arise, legal assistance should be obtained. [ABSTRACT FROM AUTHOR]

Purpose: To quantify radiation exposure of radiation therapy technologists (RTTs) in a proton treatment facility in comparison with a photon therapy facility, to inform and establish these specialized occupational safety guidelines.Methods and Materials: Two groups of RTTs, consisting of 12 full-time passive scattering proton RTTs and 18 full-time conventional photon RTTs, wore an additional dosimetry badge at the waist for a period of 14 weeks. The 2 groups of RTTs were given identical instructions on the proper use of the badges. To compare exposures between passive scatter and scanning beam systems, exposure rates from activated equipment in both systems were measured.Results: Over the 14-week period, the mean and standard deviation background-corrected dose for the passively scattered proton RTTs was 39.9 ± 5.4 mrem. The mean and standard deviation background-corrected dose for the conventional photon RTTs was similar at 39.9 ± 9.0 mrem (P = .6). Exposure rates were lower in equipment activated in a scanning beam system in comparison with those from a passive scatter system.Conclusions: Radiation dose to passively scattered proton and photon radiation therapy technologists was similar when measured with a dosimeter worn at the waist over a period of 14 weeks. On the basis of these data, the departmental policy permits pregnant radiation workers to work in proton treatment areas, and the policy for pregnant workers does not differ between proton and photon radiation workers or between passive scatter and scanning beam systems. All employees are encouraged to limit time near and proximity to activated equipment. [ABSTRACT FROM AUTHOR]

Abstract: The literature estimates for labor force participation elasticity with regard to child care prices are extensive and varying. While some estimates imply substantial gains from child care subsidies, others find insignificant effects. To determine the causes of the variance, this paper reviews and analyzes the elasticity sizes using estimates from 36 peer‐reviewed articles and working papers in the literature. We start by reviewing the theoretical and empirical aspects related to participation elasticity with regard to child care costs, paying special attention to sample characteristics, methodological aspects, and macro level factors. We conclude by providing a meta‐regression using control variables based on our review of the literature to explain some of the differences between the estimates. As research builds on and improves the methods and assumptions in prior works, elasticity estimates have become smaller over time. This decline might also be partially explained by changes in labor market characteristics. In countries with high rates of part‐time work and very high or very low rates of female labor force participation, we find elasticity rates to be smaller. [ABSTRACT FROM AUTHOR]

The aim of this study was to identify cognitive acrobatics performed by French women during late pregnancy ( n = 139) to reconcile intensive mothering ideology (IMI) and work involvement. A hierarchical cluster analysis (Ward method, squared Euclidian distance) was performed to define different patterns. Thus, four clusters were retained: (1) women devoted to IMI (27%), (2) women devoted to IMI and worried about the consequences of maternal work for children (13%), (3) women not devoted to IMI (35%), (4) women not devoted to IMI and disengaged from work (25%). They exhibited differences regarding socio-demographic and psychological variables. Mainly, women devoted to IMI and worried about the consequences of maternal work for children (Cluster 2) showed more depressive symptoms (38.9%) and preoccupied attachment. They were also planning to go back to work later (50%) and not to breastfeed (39%) even if they had a highly positive attitude about breastfeeding (67%). These results are discussed in terms of socio-psychological resources and requirements regarding perinatal adjustment. Considering women's values and beliefs is crucial to understand better how mothering and employment demands are experienced. [ABSTRACT FROM AUTHOR]

The number of women that participated in the labour market is increasing with every passing day. Besides, the request to control one's own individual preferences and also the amount of time is emerging. Thus, to raise their children employees have recess to their occupation or they want to have short time working. In this context, the new regulations brought to working life that get out of traditional approach, has become to ensure harmony in work and family life. After the women took place as workers, the necessity of protecting the women in the work life became important. The protection was firstly held by the international regulations. Regulations have been enacted to prevent the gender discrimination. These regulations contain provisions on various measures such as income inequality, the limitation of working hours, and types of work, which are not suitable for the female workers. Turkish Constitution states that the men and female workers have the equal rights, however the woman workers are granted by special rights in terms of working conditions. Maternity in working life was reflected to the regulations also as motherhood; pregnancy and confinement. Each of these cases has led to the different regulations should be made for women in working life. All these processes are effective in women's recruitment, the organization of work, working conditions and termination of the employment contracts. The author discusses the harmonization of the Turkish Labour Code No. 4857 and the further related legislation in Turkey to the international legislation. In conclusion, the author points out the fact that, the Turkish and international legislation have already been successfully harmonized to a wide extent, whereas the development of the legal practice in the same way has failed. [ABSTRACT FROM AUTHOR]

Personal disclosure at work can help facilitate high-quality relationships; however, these results may depend on people's reactions to them. We suggest that reactions to a disclosure--particularly supervisor reactions--can relate to abrupt and enduring changes in perceptions of relationship quality. Drawing on theory related to relationship-defining memories [Alea N, Vick SC (2010) The first sight of love: Relationship-defining memories and marital satisfaction across adulthood. Memory 18(7):730-742.], informational justice [Lind EA (2001) Fairness heuristic theory: Justice judgments as pivotal cognitions in organizational relations. Greenberg J, Cropanzano R, eds. Advances in Organizational Justice (Stanford University Press, Palo Alto, CA), 56-88.], and emotions [Van Kleef GA (2009) How emotions regulate social life. Current Directions Psych. Sci. 18(3):184-188.], we investigate the mechanisms through which supervisor reactions to pregnancy disclosure influence changes in employees' perceived supervisor support (PSS). The results from a longitudinal field study of over 100 pregnant working women and two experimental vignette studies suggest that the evocation of positive emotions from pregnant women at the time of the disclosure influences immediate and enduring changes in PSS. [ABSTRACT FROM AUTHOR]

Background: This study aimed to investigate the association between exposure to occupational hazards for pregnancy and sick leave (SL) in pregnant workers. Methods: A cross-sectional study was performed in French occupational health services in 2014. Occupational hazards for pregnancy were assessed by occupational health physicians (OHPs). After delivery and at the time of returning to work, 1,495 eligible workers were interviewed by OHPs. Information on SL was self-reported. Risk ratios (RRs) were calculated from multivariable analyses based on a generalized linear model with a Bernoulli distribution and a log link adjusted for selected confounders for binary outcomes or zero-inflated negative binomial regression for count outcomes. Results: Among recruited workers, 74.9% presented "at least one SL" during pregnancy. After adjustment, the cumulative index of occupational hazards (0, 1-2, 3-4, ⩾ 5 risks) for pregnancy was significantly associated with "at least one SL" during pregnancy in a dose-response relationship. This gradient was also observed with "early SL" (<15 week gestation): from 1 to 2 risks, RR = 1.48 (95% confidence intervals (CIs): 0.92-2.38); from 3 to 4 risks, RR = 2.03 (95% CI: 1.25-3.30); equal to or higher than five risks, RR = 2.90 (95% CI: 1.89-4.44); with "duration of absence" (adjusted mean): from 1 to 2 risks, m= 38.6 days; from 3 to 4 risks, m= 46.8 days; equal to or higher than five risks, m= 53.8 days. We also found that deprivation, pregnancy at risk, assisted reproductive therapy, work-family conflicts, home-work commuting felt as difficult and young age are associated with a higher risk of SL. Conclusions: Our results support the assertion that pregnant workers exposed to occupational hazards for pregnancy without medical complications are also at risk of taking SL during pregnancy. More prevention in the workplace for pregnant workers exposed to occupational hazards could reduce SL. [ABSTRACT FROM AUTHOR]

Background Potential confounding or effect modification by employment status is frequently overlooked in pregnancy outcome studies. Methods To characterize how employed and non-employed women differ, we compared demographics, behaviors, and reproductive histories by maternal employment status for 8,343 mothers of control (non-malformed) infants in the National Birth Defects Prevention Study (1997-2007) and developed a multivariable model for employment status anytime during pregnancy and the 3 months before conception. Results Sixteen factors were independently associated with employment before or during pregnancy, including: maternal age, pre-pregnancy body mass index, pregnancy intention, periconceptional/first trimester smoking and alcohol consumption, and household income. Conclusions Employment status was significantly associated with many common risk factors for adverse pregnancy outcomes. Pregnancy outcome studies should consider adjustment or stratification by employment status. In studies of occupational exposures, these differences may cause uncontrollable confounding if non-employed women are treated as unexposed instead of excluded from analysis. Am. J. Ind. Med. 60:329-341, 2017. © 2017 Wiley Periodicals, Inc. [ABSTRACT FROM AUTHOR]

Background Recent global economic difficulties have widened social inequalities, but their impact on pregnant workers is not known. Aims To investigate the association between deprivation, exposure to occupational hazards and adverse perinatal outcomes in pregnant workers. Methods A cross-sectional study performed in 2014 in French occupational health services. Eligible workers were women who had worked during their pregnancy and had a medical visit by occupational health physicians (OHPs) after delivery and at the time of returning to work. Deprivation was measured using the EPICES scale (Evaluation of Precariousness and Inequalities in Health Examination Centres). Information on birth outcomes was self-reported. Occupational risks for pregnancy were assessed by OHPs. Jobs were coded by the occupational health team using standardized French nomenclature. The groups (deprivation/no deprivation) were compared using univariate (chisquared test) and multivariate Poisson regression analyses. Results Of 1402 pregnant workers, 293 (21%) were classed as deprived. This group more frequently encountered occupational hazards, particularly for physical exposures (P < 0.001), and had a higher risk of cumulated occupational hazards of three or more for pregnancy [adjusted relative risk (RRa) = 4.2; 95% confidence interval (CI) 2.2-7.9]. Our findings suggest that deprivation and exposure to three or more occupational hazards during pregnancy cumulatively increased the risk of pre-term birth (RRa = 3.9; 95% CI 1.2-12.4). Conclusions Our data suggest that deprived pregnant workers are an occupationally vulnerable group. [ABSTRACT FROM AUTHOR]

Pregnant women and mothers are one of the most vulnerable parts of the workforce. Despite legal provisions are intended to safeguard the motherhood and prevent the mothers' discrimination, the phenomenon of the voluntary resignation during maternity leave is a current issue in the Southern-Italy society. The multifaceted aspects characterizing the reasons leading the mothers to abandon the workplace are explored through a complex statistical model, namely a hierarchical structural equation model. [ABSTRACT FROM AUTHOR]

The Labour Court of Brussels ordered an employer to pay a protection indemnity to an employee following termination on the basis of reorganisation during her pregnancy because (i) the employee benefited from a specific protection against dismissal and (ii) the employer failed to prove that the dismissal of the employee was based on reasons unrelated to the pregnancy. [ABSTRACT FROM AUTHOR]

The provisions on the burden of proof regarding the equal treatment of men and women in employment matters in Directive 2006/54 also apply to claims by breastfeeding workers based on Directive 92/85 (safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding). [ABSTRACT FROM AUTHOR]

The rights related to pregnancy, maternity and parenthood in the workplace have significantly evolved in recent decades. Such evolution has been triggered by important social changes, such as the increasing involvement of men in caring activities as well as the development of new forms of families in which children are being raised. Yet, these changes are not always adequately addressed by the existing legal framework. The article examines the Pregnant Workers Directive (92/85/EEC) and its interpretation and application in the case law of the Court of Justice of the European Union, and concludes that it is in urgent need of reform. The conclusions are based on the evaluation of the related case law of the European Court of Human Rights, in the light of the pending accession of the EU to the European Convention on Human Rights. [ABSTRACT FROM AUTHOR]