5874725 Resolution 21-402, Protecting Pregnant Workers Fairness Emergency Declaration Resolution of 2016

A RESOLUTION

                                                        

21-402

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

February 2, 2016        

 

 

To declare the existence of an emergency with respect to the need to amend the Protecting Pregnant Workers Fairness Act of 2014 to require an employer to make a reasonable accommodation for an employee whose ability to perform the functions of the employee’s job are affected by a pre-birth complication.

 

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Protecting Pregnant Workers Fairness Emergency Declaration Resolution of 2016”.

 

Sec. 2. (a) The Protecting Pregnant Workers Fairness Act of 2014, effective March 3, 2015 (D.C. Law 20-168; 61 DCR 11368) (“PPWFA”), was enacted to protect pregnant workers from having to choose between their health or the viability of their pregnancy and their jobs.

(b) However, the PPWFA does not adequately address pre-birth complications. The Protecting Pregnant Workers Fairness Amendment Act of 2016, as introduced on January 5, 2016 (Bill 21-563), which will strengthen the PPWA by adding protections for pregnant workers suffering from pre-birth complications, is under Council review.

            (c) Emergency legislation is necessary to protect pregnant workers experiencing pre-birth complications by requiring an employer to make reasonable accommodation for such an employee and prohibiting the employer from taking adverse action against the employee for being absent from work as a result of a pre-birth complication.    

 

            Sec. 3. The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Protecting Pregnant Workers Fairness Emergency Amendment Act of 2016 be adopted after a single reading.

 

Sec. 4. This resolution shall take effect immediately.