Guest: ‘Bill of Rights’ would remove protections for women
The Oklahoma Legislature is considering measures known as the “Women’s Bill of Rights.” While intended to preserve rights for women, House Bill 1449 and Senate Bill 408 will strip women of vital workplace protections.
The bills state that sex discrimination forbids unfair treatment of females or males in relation to "similarly situated members of the opposite sex."
Currently, there are multiple ways to succeed in a state case claiming sexual discrimination. If these bills pass, the single way to win is to prove the female employee was treated differently from a similarly situated male counterpart. This is very difficult to do when considering discrimination related to pregnancy ― since males cannot become pregnant. These bills effectively take our state back to pre-1978, when federal protections were passed because of these same problems.
This legislation would give small employers the right to fire women when they are pregnant, discharge them for taking medical leave when they are pregnant, stop providing private space and time to breastfeed, or prevent lactating mothers from coming back to work.
In short, the law would create two legal systems under state law ― one for people who can get pregnant, and one for those who can’t. It would allow separate-but-equal systems, which have long been barred in American law because they are, on their face, discriminatory.
Fortunately, federal protections will remain in effect for any woman who works at an organization with more than 15 employees. But those who work at small businesses will be at risk.
Women in Oklahoma fall below their peers in other states on many measures of health, stability and opportunity. These bills would only worsen the situation. If our state is competing against others for the best workers, it’s a poor policy choice to make Oklahoma less welcoming.
At its heart, this proposal is based on outdated stereotypes that women are too weak and emotional to be treated as full citizens, and it puts them at a disadvantage simply because they may become pregnant.
As an employment lawyer, I can tell you that when employers are allowed to discriminate, there are always some who will do so.
If you want women to retain important workplace protections and be treated as equals to men, please call your representatives and ask them to vote no on HB 1449 and SB 408.
Leah Roper is the managing attorney at the Center for Employment Law.
This article originally appeared on Oklahoman: Viewpoint: ‘Bill of Rights’ would remove protections for women
