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.
A bill that advocates say protects pregnant workers passed unanimously through its first committee Tuesday with no opposition. HB 25, called the Pregnant Worker Accommodation Bill, went before the House Labor, Veteran, Military Affairs Committee. This isn’t the first time House committee members have heard this bill. Rep. Gail Chasey, D-Albuquerque, sponsored the bill in past sessions, but she said the bill introduced during the 2019 session went through negotiation with the Hospitality Association and New Mexico Counties, an association that represents all 33 counties, and that took ten days. It then died on the House floor.