Liability for Prenatal Harm in the Workplace: The Need for Reform

Fifteen percent of all recognized pregnancies result in spontaneous abortion' and seven percent of liveborn infants are afflicted with birth defects.2 Although there are innumerable workplace stressors that are known or suspected to cause such injuries, there have been very few prenatal injury lawsuits brought against employers to date.3 In the last fifteen years, however, considerable attention has been focused on the issue,4 and the frequency of such lawsuits can be expected to increase. This Article describes the causes of action available under current Washington law when a workplace hazard contributes to an adverse reproductive outcome such as miscarriage, birth defects, transplacental carcinogenesis, or other prenatal injury.5 Part II delineates the wide variety of workplace conditions that may lead to an adverse reproductive outcome, rang-