Gov. Michelle Lujan Grisham signed a bill into law Friday that protects working mothers and new moms from discrimination in the workplace. HB 25, or the Pregnant Worker Accommodation Bill, amends the state’s Human Rights Act to make pregnancy, childbirth and conditions related to either a protected class from employment discrimination. “It’s good to sign a bill that does what is so obviously the right thing to do,” Lujan Grisham said through a written statement. “There is no world I can imagine in which it would be right or fair to discriminate against a woman for becoming a mother.”
The bill allows a pregnant person or new mom to ask for “reasonable accommodations” such as a stool, extra bathroom breaks, or time to make prenatal visits. The new law prohibits an employer from forcing a pregnant worker or new mom to take time off because of their condition unless requested by the employee.
Hed: Reproductive justice advocates say abortion ban repeal ‘next year’
Many reproductive justice advocates said their biggest disappointment of the 2020 legislative session is that the 1969 New Mexico law banning abortion is still on the books. But some in the Respect NM Women Coalition, a group of reproductive justice advocates and organizations, say ‘next year.’
“We’re looking forward to repealing the state’s archaic 1969 abortion ban in 2021,” said Joan Lamunyon Sanford, executive director of NM Religious Coalition for Reproductive Choice. The nonprofit she leads is part of the coalition. While the law is still on the books, it is not currently enforceable because of the landmark Roe v. Wade U.S. Supreme Court decision. The law is worrisome for many because the U.S. Supreme Court will hear a Louisiana law, June Medical Services v. Russo (formerly June Medical Services v. Gee) requiring abortion clinics in that state to be affiliated with a hospital and have admitting privileges.
Of the 12 reproductive justice bills prefiled or introduced in this year’s legislative session, only two made it to Gov. Michelle Lujan Grisham’s desk. HB 25 enables pregnant workers and new moms to seek “reasonable accommodations,” to perform their jobs while pregnant or if they’ve recently given birth. It passed both the House and the Senate. The other bill, HB 21, is one that protects victims of sexual harassment, retaliation or discrimination in the workplace. Bill backers say it enables greater parity when the victim is negotiating a settlement with the former employer.
A bill to support pregnant workers brought both abortion rights and anti-abortion groups together and passed unanimously 13-0 in the House Judiciary Committee Friday. HB 25, the Pregnant Worker Accommodation bill, aims to protect pregnant workers and allow new moms to be able to ask for “reasonable accommodations” from an employer while pregnant or newly parenting. Advocates of the bill say those accommodations include things like asking for a stool to sit on or more bathroom breaks, additional water to drink and the ability to refrain from heavy lifting. If an employer does not comply, the pregnant worker could file a complaint with the New Mexico Human Rights Commission. The bill passed the House Labor, Veteran, Military Affairs Committee earlier this week.