The Pregnant Worker Accommodation Act, signed into law by Gov. Michelle Lujan Grisham in March, went into effect Wednesday. Terrelene Massey, executive director of Southwest Women’s Law Center, said the new law could affect anywhere from 10,000 to 20,000 workers in New Mexico each year. The law amends the state’s Human Rights Act to make pregnancy, childbirth and conditions related to either a protected class from employment discrimination. Sponsored by two Democrats, Rep. Gail Chasey, of Albuquerque, and Sen. Liz Stefanics, of Cerrillos, the new law allows pregnant people to ask their employer for “reasonable accommodations,” to enable the pregnant worker to keep working. The “reasonable accommodations” could be things like asking for more bathroom breaks, a stool to sit on, the ability to get time off for prenatal care or having water at a workstation, according to the law’s advocates.
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.
A bill protecting pregnant workers nearly died on the Senate floor Tuesday night when a Democrat tried to introduce an amendment viewed as “unfriendly.” However, the Senate defeated the amendment and the bill itself passed unanimously. HB 25 seeks to protect pregnant workers and new moms in the workplace by amending the state Human Rights Act to include those employees. This would enable pregnant people and new moms to seek mitigation under the state’s Human Rights Commission if they feel they have been discriminated against if an employer refuses “unreasonable accommodations.”
An amendment that Senator Joseph Candelaria, a Democrat from Albuquerque, tried to attach to the bill took issue with the idea that pregnant workers and new moms belong under the Human Rights Act. Candelaria, who is openly gay, said the bill created a “new suspect class of people.” He did not want the Human Rights Act to be amended. He said the bill would “erode decades of civil rights litigation and protections” reserved for immutable aspects of a person such as sexual orientation.
The Senate Judiciary Committee passed a bill to protect pregnant workers but killed a proposed amendment that some lawmakers said would have protected workers who allege a violation of the proposed law from further discrimination. HB 25 aims to protect pregnant workers or new moms from discrimination in the workplace. Under the proposed law, New Mexico employers with four or more employees would have to provide “reasonable accommodations” to a pregnant worker or new mom. Examples of “reasonable accommodations” are defined as reprieve from heavy lifting, providing water or a stool at a workstation and extra bathroom breaks, according to backers of the bill. The bill has received wide support from industry, anti-abortion groups and abortion rights organizations.
Two advocacy organizations filed discrimination complaints against an Albuquerque Walgreens pharmacy for allegedly refusing to fill a birth control prescription. The complaint, sent to the New Mexico Human Rights Bureau, was written by the American Civil Liberties Union of New Mexico and the Southwest Women’s Law Center. The organizations allege a pharmacy employee at a store on Coors Boulevard refused to fill a misoprostol prescription to a teenage woman who was at the store with her mother last August, citing personal reasons. This refusal, according to two complaints, violates the New Mexico Human Rights Act, which bars discrimination based on sex. “Refusing to fill prescriptions that are directly tied to the attributes that make women different from men—i.e. the ability to become pregnant—constitutes sex discrimination,” the complaints read.
Rick Little found himself at the center of attention following his committee’s passage of a law that would add police officers to the list of protected classes in the state’s Hate Crimes Act. Instead of discussing the high profile bill in an election year, focus was on the Chaparral Republican’s comments at the end questioning whether some of the protected classes under the Hate Crimes Act, such as gender identity or sexual orientation, are lifestyle choices. KRQE-TV tried to pin down Little on whether or not he thinks sexual orientation is a choice. Little would not immediately answer and his handlers tried to pull him way, but reporter Alex Goldsmith pressed on, saying it was a yes or no answer. Little appeared flustered.