Document Type
Article
Publication Title
Cornell Law Review
Publication Date
2021
ISSN
0010-8847
Page Number
987
Keywords
pregnancy, accommodation law, pregnancy transfer law, paid family leave
Disciplines
Health Law and Policy | Labor and Employment Law | Law
Abstract
Laws to assist pregnant women in the workplace are gaining legislative momentum, both at the state and federal levels. Last year alone, four such laws went into effect at the state level, and federal legislation advanced farther than ever before in the House of Representatives. Four types of legislative protections for pregnant workers currently exist-pregnancy accommodation laws, pregnancy transfer laws, paid family leave laws, and state disability insurance programs but very little is known about how each type of legislation performs relative to the others. This Essay provides empirical insight into this question, which is important for setting legislative priorities. After exploiting the differential timing of these laws' passage at the state level, the Essay finds across multiple specifications that pregnancy accommodation laws and paid family leave laws have several labor market benefits for women who have given birth in the past year. Conversely, pregnancy transfer laws may have unintended, negative consequences for women who have recently given birth. The results suggest that advocacy groups, who have typically favored all four types of legislation, should shift their focus to supporting accommodation and paid family leave laws.
Recommended Citation
Jennifer B. Shinall,
Protecting Pregnancy, 106 Cornell Law Review. 987
(2021)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/1228