New Federal Guidelines On Pregnancy Discrimination Align with Pregnancy Discrimination Act

I received an email today from Pennsylvanians for Choice. They requested that we publicize a news article from the Feminist Majority.  It is an article that summarizes new federal guidelines on pregnancy discrimination law related to women’s employment.  Here it is:

Picture of woman talking to her employer about work expectations

Women and Employment

The Equal Employment Opportunity Commission (EEOC) updated its pregnancy discrimination guidelines this week for the first time in over 30 years. The new language reiterates the policies outlined in the Pregnancy Discrimination Act (PDA) and classifies discrimination against pregnant employees as a form of sex discrimination.

The guidelines were approved 3-2 Monday. The guidelines make it clear that an employer cannot discriminate against a worker based on pregnancy, childbirth or any related medical condition. They also disallow discrimination against someone based on whether or not they have been pregnant in the past, or want to get pregnant in the future.

“Pregnancy is not a justification for excluding women from jobs that they are qualified to perform, and it cannot be a basis for denying employment or treating women less favorably than co-workers similar in their ability or inability to work,” EEOC Chair Jacqueline A. Berrien said in a press release this week. “Despite much progress, we continue to see a significant number of charges alleging pregnancy discrimination, and our investigations have revealed the persistence of overt pregnancy discrimination, as well as the emergence of more subtle discriminatory practices.”

In a Q-and-A section on the EEOC’s site about pregnancy discrimination, the Pregnancy Discrimination Act is explained as banning employers from firing, refusing to hire or demoting a woman if pregnancy, childbirth or any related condition was the reason for the action. The EEOC guidelines were released in part for those who may not have been aware of the cited federal laws, in order to make the requirements better understood and known.

“I think it will make a really big difference,” Joan C. Williams, a law professor whose work is cited in the EEOC’s new guidelines, told the Associated Press. “This is also the direction the courts have begun to go in, and that’s why the EEOC said, ‘Yeah, that makes sense.'”

Pregnancy discrimination complaints in the US increased by 71 percent between 1992 and 2011. Many women nationwide, especially those in low-income jobs, are forced to take unpaid leave or leave their jobs altogether during their pregnancy. Almost two-thirds of first-time mothers work while pregnant, including 90 percent of those mothers who work into their last two months of pregnancy. The Pregnant Workers Fairness Act, a piece of national legislation currently stalled in Congress, would update and strengthen the Pregnancy Discrimination Act to ensure that pregnant women are not denied necessary accommodations at work.

Media Resources: Associated Press 7/16/14; NPR 7/16/14; US Equal Employment Opportunity Commission 7/14/14; Feminist Majority 10/31/13; Feminist Newswire 2/3/14

Copyright 2014 Feminist Majority Foundation 1600 Wilson Boulevard, Suite 801 Arlington, VA 22209 703-522-2214 (Phone) 703-522-2219 (Fax)

Pennsylvania for Women’s Health Agenda Update

Logo for the Pennsylvania Agenda for Women's Health

Logo for the Pennsylvania Agenda for Women’s Health

Last September, a bicameral, bipartisan caucus was created in the Pennsylvania General Assembly to review, discuss, and propose legislation to improve the health of women in the Commonwealth by addressing the genuine needs and concerns of women in the state. The Pennsylvania Agenda for Women’s Health was created as a comprehensive plan to address the real-life stories and concerns of women in terms of protecting and expanding women’s reproductive health, improving women’s economic security, and improving safety in their lives.

The First Set of Bills

On December 11, the first five bills were presented and introduced into both the House of Representatives and the Senate. The first set of bills addressed a variety of concerns for women by:

  • Making sure that women receive pregnancy accommodations in their workplace;
  • Creating a 15-foot buffer zone around entrances to health to make sure women seeking reproductive healthcare are able to access it in an orderly and safe manner;
  • Addressing “pay secrecy” and the “factor other than sex” loophole will help to end practices that have enabled employers to pay women less than men for the same work;
  • Expanding access to cervical cancer treatment. This bill is a state Pay Equity bill similar to the federal Paycheck Fairness Act;
  • Eliminating local ordinances that penalize landlords and/or tenants who call the police or emergency services “too frequently;” and
  • Outlawing “revenge porn,” a form of digital intimate-partner violence.

Of the first six set of bills, four have had some movement since my first detailed look at the bills on January 22.

Pregnant Workers’ Fairness Act

The House version of the Pennsylvania Pregnant Workers’ Fairness Act (HB 1892) was formally introduced and referred to the House Labor and Industry Committee where it is still awaiting a hearing. The companion Senate bill (SB 1209) was introduced on March 31 and was referred to the Senate Labor and Industry Committee; it too is awaiting its first hearing.

Pay Equity

The Pay Equity Bill basically hasn’t moved since being introduced. The House version (HB 1890) was introduced and referred to House Labor and Industry Committee on February 19. The Senate version (SB 1209) was introduced and referred to Senate Labor and Industry Committee on March 31; it has not moved since its introduction. However, the House sponsors of HB 1890 have filed a “Resolution to discharge committee from further consideration.” This was filed on April 7. This type of resolution is a rarely used tactic to force debate on a bill when the chair of the committee the bill is assigned to refuses to hold hearings on the bill. We are now waiting to see how the full House will respond to this resolution.

Victims of Crime

The bill protecting victims of crime by eliminating local ordinances that penalize landlords and/or tenants who call the police or emergency services “too frequently” (HB 1796) was introduced on October 22. After its introduction, the House Local Government Committee amended the bill to clarify that bill only applies to cases that involve victims of violence, abuse, or “individuals in an emergency” if the person making the call had a reasonable belief that police intervention or emergency assistance was needed. It unanimously passed House January 14, 2014. It was then referred to Senate Local Government Committee. January 21, 2014. Unfortunately, on March 11 the Senate Local Government Committee was tacked on an ALEC bill as an amendment, turning this good bill into a bad bill. This local ordinance sick-leave preemption bill undermines the safety of domestic violence victims. Under the amendment, local governments would lose their authority to require employers to offer paid or unpaid leave to victims of domestic violence and sexual assault. Leave from employment is often critical to a victim’s survival in both the short- and long-term. This amendment adds another purpose and intent to HB 1796 that conflicts with its original commitment to protect victims. Advocates, including but not limited to the Pennsylvania Coalition Against Domestic Violence, the Women’s Law Project, and Pennsylvania NOW, are urging the legislature to support the version of HB 1796 that was passed by the House of Representatives and to remove the problematic language that was adopted in Senate Local Government Committee. We still support the portion of HB 1796 that would eliminate local nuisance ordinances that penalize a victim for seeking help from emergency services. As a result of our subsequent lobbying to remove this amendment, the Senate has temporarily tabled the bill.

Revenge Porn Prohibition

The “Revenge Porn” bill is the most successful of this first round of bills. The Senate version (SB 1167) was amended in Senate Judiciary Committee January 14, 2014 and sent to the floor for 1st consideration. It unanimously passed the Senate on January 28, 2014 and is now residing in the House Judiciary Committee alongside HB 1901.

The Second Set of Bills

Today, the Women’s Health Agenda Caucus announced the second package of bills to be introduced. They include five bills intended to:

  • Curb political interference in providers’ medical decisions. This bill protects the doctor-patient relationship from directives to practice care in a manner that is not in accordance with standards of care;
  • Identify gaps in health care for women veterans by establishing the Task Force on Women Veterans’ Health Care to study health issues facing women veterans;
  • Fight deep poverty among women with children. This bill Includes a study of family work support programs in the Commonwealth, increases the monthly Temporary Assistance to Needy Families (TANF) benefits for women in need; and increases in the TANF Earned Income Disregard;
  • Ensure that widows of state and municipal employees get fair pensions by requiring public employees to obtain spousal consent for benefit payment structures that do not provide at least a 50% survivor benefit; and
  • Protect all employees against sexual harassment by extending the prohibition on sexual harassment to all employers in the state.

Pennsylvania NOW is one of the organizations supporting this full agenda to improve women’s health. I am their lobbyist. At the press conference this morning, I handed out our statement of support. In that statement, I supported each of these bills, saying, “It’s high time that doctors were supported in their right to refuse to provide medically inaccurate information. The increases to TANF cash assistance grant levels and the eligibility asset limit will encourage saving and financial independence. We’re also glad to see sexual harassment protections extended to all workers, and see that female veteran’s health concerns finally get the attention it deserves.”

As advocates for women’s health and equity we are pleased to see the legislature taking a pro-active stance to help improve the lives of women here in Pennsylvania. As Caryn Hunt said in the Pennsylvania NOW press release, ““The women of Pennsylvania need – and now finally have – champions in the legislature who recognize that government must work for all of the people, women included.” We are pleased and “strongly support this Agenda that puts the health and well-being of women and their families first.”

(note: The bill numbers associated with each of these bills will be announced on this blog as soon as I know what they are or will be.)

 

Another Terri Schiavo Story: What’s Wrong with Texas and Florida?

The hard right is at it again.  This time with a woman who is brain-dead.  Marlise Munoz was  early in her pregnancy when she had a brain embolism that resulted in lack of oxygen to the brain for an estimated hour before she was found unconscious on the floor.  She was a paramedic who along with her husband Erick and mother, Lynne Machado, all agreed against life support.  Apparently she had a living will that stated this desire.  And yet, even though the hospital agrees that she is brain-dead, they put her on life support against both her’s and her family explicit instructions due to Texas’s state law that gives precedence to a fetus and forces her family to use her body as an incubating machine.

This is just like what happened in the Terri Schiavo case when both the Florida legislature and Congress intervened against her  husband’s wishes and kept her on life support.  Terri, just like Marlise too collapsed.  There are, however, four differences in these two cases.

  • Terri lived in Florida and Marlise lived in Texas;
  • Terri’s brain death was from cardiac arrest while Marlise’s was from a brain embolism;
  • Marlise was pregnant at the time of her accident; Terri was not; and
  • Congress hasn’t yet inserted itself into Marilise and her family’s case.

Yet both were (are) being treated by the state as objects rather than as human beings with loving families that should have control over end-of-life issues.

What’s wrong with these states?  Why should the state intervene in cases where families who care and love their spouses and children say enough is enough?  Why should a state intervene in contradiction to a person’s living will?  These are matters of privacy.  When a doctor or hospital determines that a person is brain-dead and the family, or the individual through her living will, says enough is enough, then LISTEN to the family and not some legislators down the road.

ENOUGH IS ENOUGH!

Here’s the story about Marlise Munoz.

Texas hospital forbids husband of brain-dead, pregnant wife to remove her from life support (via Raw Story )

A Texas man who wants his pregnant wife removed from life-support is being thwarted by hospital officials who insist that Texas law states they must continue to care for her. Under Texas law, “[a] person may not withdraw or withhold life-sustaining…

Continue Reading

Pennsylvania Agenda for Women’s Health Initial Roll-Out

Logo for the Pennsylvania Agenda for Women's Health

Logo for the Pennsylvania Agenda for Women’s Health

On December 11, the Pennsylvania General Assembly’s Health Agenda Caucuses rolled out the first set of bills that are part of the Pennsylvania Women’s Health Agenda.  The Agenda was spearheaded by Representative Dan Frankel (D-Allegheny), Senator Judy Schwank (D-Berks) and Senator Chuck McIlhinney (R-Bucks and Montgomery). These legislators were assisted by several of their colleagues, including  Representatives Mary Jo Daley (D-Montgomery), Tina Davis (D-Bucks), Maria Donatucci (D-Delaware and Philadelphia), Erin Molchany (D-Allegheny), Mark Painter (D-Montgomery), and Brian Sims (D-Philadelphia) made the announcement of the roll-out. They announced that this first set of bills would soon be going to committee.

Video Statements

During the media advisory session, several of the Representatives were videotaped by the Pennsylvania House.  Here are those videos:

Representative Dan Frankel Announcing the Roll-Out of the Pennsylvania Agenda for Women’s Health

Representative Brian Sims and Erin Molchany Introducing the Pay Equity Bill

Representative Sims spoke first:

Then Representative Molchany followed up with additional information:

Representative Tina Davis Introducing Digital Intimate Partner Violence Bill.

This bill would “make revenge acts that include pictures of partners who are naked or involved in sexual acts illegal.”

Representative Mark Painter Introducing Employment Discrimination Protections for Pregnant Women Bill

Representative Mary Jo Daley Introducing Bill to Require Sanitary Conditions in the Workplace for Breastfeeding Women

Representative Maria Donatucci Introducing Bill to Expand Access to Cervical Cancer Screenings

Advocates Support the Pennsylvania Agenda for Women’s Health

Standing next to the legislators were representatives of many different advocacy groups who stood in support of this agenda.  The Women’s Law Project was the lead organization in working with the legislators to help create this agenda.  Pennsylvania NOW was also there.  None of the organizations present spoke at the press conference but did deliver their Statements of Support to the media.  Here are the statements from these two organizations.

Women’s Law Project

This statement is currently posted on the Women’s Law Project Legislative Action page and is repeated here just in case the URL is moved:

Women’s Law Project Commends Groundbreaking State Legislative Initiative
To Improve Women’s Health

Harrisburg, PA – The Women’s Law Project and its civic engagement action arm, WomenVote PA, commend the Women’s Health Caucus, a bipartisan, bicameral caucus of the Pennsylvania General Assembly, as it unveils the first phase of a comprehensive Pennsylvania Agenda for Women’s Health. Led by Representative Dan Frankel and Senators Judy Schwank and Chuck McIlhinney, the Caucus is taking a proactive, positive approach to helping women by addressing a wide range of legal and policy barriers to women’s health and equality.

Each component of the Pennsylvania Agenda for Women’s Health arises out of the struggles of real women in Pennsylvania. The first phase of the agenda includes legislation protecting pregnant women in the workplace, filling gaps in protection for nursing mothers at work, ensuring that women’s health centers are safe and accessible, prohibiting wage secrecy, extending health screenings to more women, stopping intimate partner harassment, and ensuring that domestic violence victims are not punished for contacting law enforcement.

“Although we’ve made progress over the years, it’s a well-documented fact that women’s health and well-being are still not a priority in Pennsylvania,” said Carol Tracy, Executive Director of the Women’s Law Project. “This legislation will address real problems that real women have every day, solutions as simple as enabling a pregnant woman to carry a water bottle during her shift and ensuring that women earn the same amount as a man doing the same job. This legislation is the beginning of a full-scale effort by the Pennsylvania Women’s Health Caucus focused on leveling that playing field for good.”

“This new legislative focus on real women’s real health needs is long overdue,” said Sue Frietsche, Senior Staff Attorney with the Women’s Law Project’s Western Pennsylvania office. “For far too long, the Pennsylvania legislature has obsessively focused on restricting women’s access to reproductive health care. That is not what women want or need. We want sensible laws that improve the lives of women, not more roadblocks to women’s health.”

Kate Michelman, renowned feminist and co-chair of WomenVote PA, stated, “Rather than helping women achieve the equality they deserve, the Pennsylvania legislature has spent unprecedented time and energy on creating barriers to contraception and abortion.” She continued, “We can’t afford to continue to be one of the worst states in the nation for women,” citing a recent report assigning Pennsylvania a “C-” grade, and ranking the Commonwealth 28th out of the 50 states in its treatment of women. “The Pennsylvania Agenda for Women’s Health has the potential to change that, and it deserves the support of every person in this state.”

For more details on the proposed legislation, please visit our web site in the coming weeks for updates, as well as visiting the WomenVote PA web site.

WomenVote PA is the non-partisan action arm of the Women’s Law Project. For more information go to www.womenvotepa.org

Pennsylvania NOW

This statement was crafted by Caryn Hunt, President-Elect; Susan Woodland, Secretary-Elect and current  At-Large Member of the Executive Committee, and myself.

Pennsylvania NOW Supports the Pennsylvania Agenda for Women’s Health

HARRISBURG, December 11, 2013—The Pennsylvania state chapter of the National Organization for Women (PA NOW) applauds the work of the House and Senate Women’s Health Caucuses as they roll out a comprehensive plan to address the real issues affecting Pennsylvania women today. Spearheaded by Representative Dan Frankel, Senator Judy Schwank and Senator Chuck McIlhinney in conjunction with the Women’s Law Project, and then developed by a broad coalition of Pennsylvania advocacy organizations that work on behalf of women every day, it is based on years of experience about what women want and need to stay healthy. This Agenda goes a long way to redressing entrenched inequities for women in Pennsylvania.

“Pennsylvania Republicans, like their counterparts in other state legislatures, have obsessed about women’s reproductive rights and have waged a non-stop campaign to control them from the capital, rolling back not just access to safe, legal abortion, but also the sense that women are full citizens entitled to a government and society that also works for them,” said Pennsylvania NOW President-Elect Caryn Hunt. “This agenda provides an antidote to the shallow, rhetorical policy-making of those in the General Assembly who have led the calls for women’s restrictions and called it concern for women’s health. It’s refreshing to see so many bills introduced that will genuinely help women, and that together provide a much truer portrait of the needs women want their representatives to address.”

These first bills address a variety of concerns for women: pregnancy accommodation is a common sense step to ensure that pregnant women are treated not as liabilities, but as persons with a temporary need for reasonable accommodations in the workplace; the bill to provide at 15-foot buffer zone around entrances to health clinics is a necessity in our state to make sure women seeking reproductive healthcare are able to access it in an orderly and safe manner; bills targeting “pay secrecy” and the “factor other than sex” loophole will help to end practices that for too long have enabled employers to pay women less than men for the same work. Other bills fill gaps in existing protections for nursing mothers, victims of intimate partner harassment and of domestic violence.

“The ideas for change in this package of bills come from real-life stories of women,” added Joanne Tosti-Vasey, President Emerita and Lobbyist for Pennsylvania NOW. “They include calls to service agencies, cries for help on hot lines, requests for advocacy, and lots of research to back up the anecdotal stories. As advocates, we realize there are other areas of concern, but believe the Women’s Health Caucuses’ agenda items are a great start.”

Pennsylvania NOW has high hopes for the Women’s Health Agenda. Finally, the concerns and needs of Pennsylvania are being honestly addressed by their representatives, rather than attacked and abridged.

I will report on more of these bills as they are announced.

Pennsylvania’s Proposed Women’s Health Agenda

Kate Michelman

Kate Michelman discussing strategy with women’s health care advocates and members of the General Assembly Health Care Agenda Caucus.

Yesterday (Monday, September 30, 2013), I attended a two-hour meeting with Pennsylvania’s House and Senate members of the joint Women’s Health Agenda Caucus led by Representative Dan Frankel of Pittsburgh. Some of the advocacy groups attending the meeting included the Women’s Law Project (WLP), Women Vote PA, and members of the Pennsylvanians for Choice coalition including Pennsylvania NOW whom I represented.

For a very long time Pennsylvania has focused on restricting women’s access to abortion services – currently accounting for over 1270 pages of legislation and regulations in the state.  This wrong-headed approach to health assumes that women’s sole need is to protect them from safe, legal access to decent abortion care services.  In other words, the state has wrong-headedly been crafting laws and regulations to deny access to abortion, sending more and more women to the back alleys similar to the Gosnell clinic and ignoring the broader issues of women’s health equity.

Women’s concerns about their health are broadly based in bias based on gender. Terry L. Fromson, Amal Bass, Carol E. Tracy, Susan Frietsche of the Women’s Law Project  created a report entitled Through the Lens of Equality: Eliminating Sex Bias to Improve the Health of Pennsylvania’s Women in 2012.  The WLP is Pennsylvania’s feminist legal organization that engages in litigation, advocacy, and education to ensure women’s equality and treatment in Pennsylvania. This report set the context for yesterday’s meeting.  The WLP framed the health care agenda as follows in this report and in the meeting this morning:

The legal and social status of American women has changed dramatically in the last fifty years. Half a century ago, it was legal to segregate jobs by sex, to refuse to hire or promote on the basis of a person’s sex, to fire women who became pregnant, and to limit the number of women admitted to professional schools such as law and medicine. Sexual and domestic violence were hidden from public view and public policy. Abortion was illegal and the birth control pill was not yet on the market. Today, women have taken their place in the working world and educational opportunities for women have expanded exponentially. Sexual and domestic violence are recognized as crimes and some resources are available to its victims. Abortion is legal and birth control is available.

Despite these advances, deeply embedded cultural biases and stereotypes about women’s place in society continue to impede women’s equal participation in society. In our homes and communities women are subjected to violence, poverty, and the burden of care taking responsibilities. In the workplace, women are paid less than men for the same work, remain concentrated in stereotypically female low-paying occupations, are subjected to sexual harassment and discrimination on the basis of pregnancy and care giving, and are denied advancement to managerial and higher paying positions. In school, young women are denied their fair share of sports opportunities and are sexually harassed and violated. Women are denied essential reproductive health care and subjected to discrimination in access to insurance coverage. Women pay more than men for the same coverage, and pregnancy is a preexisting condition that often denies pregnant women access to insurance coverage and therefore maternity care.  Access to abortion has been limited by burdensome legislative requirements, and providers and patients have been terrorized by an increasingly violent opposition. Attacks on access to contraceptive services have grown.

While many laws have been adopted to eliminate sex discrimination at work and at school, gaps persist that must be filled and enforcement needs to be strengthened. This is particularly true in Pennsylvania. While some Pennsylvania cities have outlawed employment discrimination on the basis of care-giving responsibilities and provide other accommodations for women who work, the Pennsylvania legislature has failed to adopt a statewide prohibition on discrimination on the basis of caregiver status or to provide family leave for caregivers. In Pennsylvania, the law permits insurers to price the cost of health insurance higher for women than for men, resulting in women paying more for individual health insurance policies and small employers paying more for health insurance for a predominantly female workforce. Pennsylvania’s sexual assault laws have for the most part eliminated discriminatory provisions, but the myths and stereotypes that continue to infect the criminal justice system hinder the investigation and prosecution of these crimes. The health care perspective on domestic violence and sexual assault is far too limited. Sexual assault is treated as a health care matter primarily in the immediate aftermath of a rape, even though the physical and emotional health consequences can be long lasting. Although a number of health care providers recognize that domestic violence is also a health issue, screening for domestic violence in health care settings is not universal. Poverty, which disproportionately impacts women, exacerbates the impact of sex bias in all of these realms….

Pennsylvania, with 6.5 million women, has consistently been found deficient in national studies on women’s health care measures. In their 2010 health report card, the National Women’s Law Center and Oregon Health & Science University placed Pennsylvania 32 among the 50 states and graded it unsatisfactory with respect to the status of women’s health….

To alleviate women’s health problems, it is necessary to eliminate adverse experiences — discrimination and bias — early in life and throughout life — and to improve access to health care, with an emphasis on care essential to women (pp. x-xii).

Representative Frankel heard this call to refocus the legislature from attacking women’s reproductive health to focusing — just like New York state’s “10 Point Plan for Women’s Equality” — on redirecting legislation in the General Assembly towards a women’s health equity agenda. So yesterday, almost 20 legislators from both houses attended a meeting with advocates seeking to improve women’s lives and health through a broad review and revision of Pennsylvania law.  The agenda covers reproductive health, women’s economic security, and women’s safety.

The ideas for change come from real-life stories of women in the state.  Calls to service agencies. Cries for help on hot lines. Requests for advocacy. And of course lots of research to back up the anecdotal stories.  The 24 suggested changes to Pennsylvania law that were presented are in areas where either no legislation has been introduced or where legislation to improve the bias are lagging or need to be revisited.  We, as advocates, understand that there are other areas of concern, but believe these health care agenda items are a good start.

Some of these ideas are conceptual at this point. Some have some preliminary model wording for new legislation, and some are already in the works.  Here’s the agenda:

Protect and Expand Women’s Reproductive Health Rights

  1. Pregnancy Accommodations:  Require employers to provide accommodations to pregnant employees with temporary pregnancy-related conditions to allow workers to remain employed throughout their pregnancies while imposing minimal burdens on employers.
  2. Support for Breastfeeding Mothers in the Workplace: Require all employers to provide compensated break time and a private, sanitary (not a bathroom) for all employees who need to express milk.
  3. Buffer Zones:  Enact a statewide reproductive health care clinic buffer zone statute to protect safe access to essential health care.
  4. Inmate Shackling: Strengthen pregnant inmate shackling law (Act 45 of 2010) to cover the entire pregnancy and a reasonable post-partum period for mother-child bonding and to eliminate the tasering of any woman known to be pregnant.
  5. Medical Professional Conscientious Right to Refuse to Deliver Medically Inaccurate Information: Protect physician-patient relationships from political intrusion.

    Improve Women’s Economic Security

  6. TANF (Temporary Assistance to Needy Families) Grant Amount: Increase TANF cash assistance grant levels.
  7. TANF Asset Limit: Increase the TANF eligibility asset limit to encourage saving and financial independence.
  8. Earned Income Disregard: Increase the earned income disregard and apply it to applicants as well as recipients.  FYI, the earned income disregard allows very-low income workers to continue receiving TANF, food stamps, and Medicaid if they make 50% or less of the poverty level.  This proposed legislation would raise this “disregard” level to 75% and would apply to applicants as well as recipients.
  9. Childcare Works Waiting List: Eliminate the childcare works waiting list.
  10. TANF Pre-Application Job Search: Eliminate or modify the TANF pre-application job search requirements.
  11. Minimum Wage: Increase Pennsylvania’s minimum wage from $7.25 to $9.00/hour.
  12. Gender Wage Gap: Strengthen Pennsylvania law to eliminate the 24% gender wage gap by prohibiting retaliation against employees for discussing wages (“pay secrecy”) and closing the “factor other than sex” defense to apply only to bona fide business-related factors.
  13. Family Responsibilities Employment Discrimination: Prohibit family responsibilities discrimination in employment by amending the Pennsylvania Human Relations Act to prohibit family status discrimination in employment pursuant to an expanded definition of familial status to encompass the true scope of familial responsibilities shouldered by employees.
  14. Paid Family and Sick Leave: Require all employers to provide employees with paid family and sick leave
  15. Spousal Pension Benefits: Require spousal consent when a retiring state employee chooses how his or her pension benefits should be paid consistent with federal law protecting each spouse from his or her spouse’s selection of a pension benefit in all privately-sponsored pension plans and laws adopted by other states.
  16. Domestic Worker Protection: Amend Pennsylvania anti-discrimination laws to provide domestic workers protection from employment discrimination
  17. Sexual Harassment: Extend the prohibition on sexual harassment in employment to all employers, even small employers.

    Protect Women’s Personal Safety

  18. Paid Leave for Domestic Violence, Sexual Violence, and Stalking Victims: Require employers to provide paid leave to obtain assistance for and pursue legal protection against domestic and sexual violence and stalking.
  19. Housing Discrimination: Prohibit private and public housing discrimination against domestic violence victims.
  20. Civil Orders of Protection for Sexual Violence and Stalking Victims: Authorize courts to issue civil orders of protection for sex crime and stalking victims.
  21. Absolute Privilege for Student Victims: Protect victims/witnesses of sexual assault who testify in school grievance proceedings from being sued by their harassers.
  22. Human Trafficking: Strengthen Pennsylvania’s criminal statute on human trafficking.
  23. Veterans’ Real Estate Tax Exemption: Amend Pennsylvania law to provide veterans real estate tax exemption for veterans suffering from PTSD (Post-Traumatic Stress Disorder) due to sexual victimization during service and appoint women representatives to the House and Senate Committees on Veteran Affairs and to the Pennsylvania State Veterans Commission.
  24. Voting Reform: Reform voting rules to provide online registration, same day in person registration, early voting, including early in person voting on weekends.

These ideas will be discussed in continuing meetings between members of the General Assembly’s Health Care Agenda Caucus and advocates for women’s equality.  I’ll post more on these issues as this legislative program becomes better defined.