II 

115TH CONGRESS 

1ST SESSION S. 1101 

To eliminate discrimination and promote women’s health and economic security by ensuring reasonable workplace accommodations for workers whose 

ability to perform the functions of a job are limited by pregnancy, 

childbirth, or a related medical condition. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2017 

Mr. CASEY (for himself, Mr. HELLER, and Mrs. SHAHEEN) introduced the following bill; which was read twice and referred to the Committee on 

Health, Education, Labor, and Pensions 

A BILL 

To eliminate discrimination and promote women’s health and 

economic security by ensuring reasonable workplace accommodations for workers whose ability to perform the 

functions of a job are limited by pregnancy, childbirth, 

or a related medical condition. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pregnant Workers 

5 Fairness Act’’. 


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1 SEC. 2. NONDISCRIMINATION WITH REGARD TO REASON2 ABLE ACCOMMODATIONS RELATED TO PREG3 NANCY. 

4 It shall be an unlawful employment practice for a cov5 ered entity to— 

6 (1) not make reasonable accommodations to the 

7 known limitations related to the pregnancy, child8 birth, or related medical conditions of a job appli9 cant or employee, unless such covered entity can 

10 demonstrate that the accommodation would impose 

11 an undue hardship on the operation of the business 

12 of such covered entity; 

13 (2) deny employment opportunities to a job ap14 plicant or employee, if such denial is based on the 

15 need of the covered entity to make reasonable ac16 commodations to the known limitations related to 

17 the pregnancy, childbirth, or related medical condi18 tions of an employee or applicant; 

19 (3) require a job applicant or employee affected 

20 by pregnancy, childbirth, or related medical condi21 tions to accept an accommodation that such appli22 cant or employee chooses not to accept, if such ac23 commodation is unnecessary to enable the applicant 

24 or employee to perform her job; 

25 (4) require an employee to take leave, whether 

26 paid or unpaid, if another reasonable accommodation 


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1 can be provided to the known limitations related to 

2 the pregnancy, childbirth, or related medical condi3 tions of an employee; or 

4 (5) take adverse action in terms, conditions, or 

5 privileges of employment against an employee on ac6 count of the employee requesting or using a reason7 able accommodation to the known limitations related 

8 to the pregnancy, childbirth, or related medical con9 ditions of the employee. 

10 SEC. 3. REMEDIES AND ENFORCEMENT. 

11 (a) EMPLOYEES COVERED BY TITLE VII OF THE

12 CIVIL RIGHTS ACT OF 1964.— 

13 (1) IN GENERAL.—The powers, procedures, and 

14 remedies provided in sections 705, 706, 707, 709, 

15 710, and 711 of the Civil Rights Act of 1964 (42 

16 U.S.C. 2000e–4 et seq.) to the Commission, the At17 torney General, or any person, alleging a violation of 

18 title VII of that Act (42 U.S.C. 2000e et seq.) shall 

19 be the powers, procedures, and remedies this Act 

20 provides to the Commission, the Attorney General, 

21 or any person, respectively, alleging an unlawful em22 ployment practice in violation of this Act against an 

23 employee described in section 5(3)(A), except as pro24 vided in paragraphs (2) and (3). 


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1 (2) COSTS AND FEES.—The powers, remedies, 

2 and procedures provided in subsections (b) and (c) 

3 of section 722 of the Revised Statutes of the United 

4 States (42 U.S.C. 1988), shall be the powers, rem5 edies, and procedures this Act provides to the Com6 mission, the Attorney General, or any person, alleg7 ing such a practice. 

8 (3) DAMAGES.—The powers, remedies, and pro9 cedures provided in section 1977A of the Revised 

10 Statutes of the United States (42 U.S.C. 1981a), in11 cluding the limitations contained in subsection (b)(3) 

12 of such section 1977A, shall be the powers, rem13 edies, and procedures this Act provides to the Com14 mission, the Attorney General, or any person, alleg15 ing such a practice (not an employment practice spe16 cifically excluded from coverage under section 

17 1977A(a)(1) of the Revised Statutes of the United 

18 States). 

19 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC20 COUNTABILITY ACT OF 1995.— 

21 (1) IN GENERAL.—The powers, remedies, and 

22 procedures provided in the Congressional Account23 ability Act of 1995 (2 U.S.C. 1301 et seq.) to the 

24 Board (as defined in section 101 of that Act (2 

25 U.S.C. 1301)), or any person, alleging a violation of 


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1 section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) 

2 shall be the powers, remedies, and procedures this 

3 Act provides to that Board, or any person, alleging 

4 an unlawful employment practice in violation of this 

5 Act against an employee described in section 

6 5(3)(B), except as provided in paragraphs (2) and 

7 (3). 

8 (2) COSTS AND FEES.—The powers, remedies, 

9 and procedures provided in subsections (b) and (c) 

10 of section 722 of the Revised Statutes of the United 

11 States (42 U.S.C. 1988), shall be the powers, rem12 edies, and procedures this Act provides to that 

13 Board, or any person, alleging such a practice. 

14 (3) DAMAGES.—The powers, remedies, and pro15 cedures provided in section 1977A of the Revised 

16 Statutes of the United States (42 U.S.C. 1981a), in17 cluding the limitations contained in subsection (b)(3) 

18 of such section 1977A, shall be the powers, rem19 edies, and procedures this Act provides to that 

20 Board, or any person, alleging such a practice (not 

21 an employment practice specifically excluded from 

22 coverage under section 1977A(a)(1) of the Revised 

23 Statutes of the United States). 

24 (4) OTHER APPLICABLE PROVISIONS.—With re25 spect to a claim alleging a practice described in 


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1 paragraph (1), title III of the Congressional Ac2 countability Act of 1995 (2 U.S.C. 1381 et seq.) 

3 shall apply in the same manner as such title applies 

4 with respect to a claim alleging a violation of section 

5 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). 

6 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

7 3, UNITED STATES CODE.— 

8 (1) IN GENERAL.—The powers, remedies, and 

9 procedures provided in chapter 5 of title 3, United 

10 States Code, to the President, the Commission, the 

11 Merit Systems Protection Board, or any person, al12 leging a violation of section 411(a)(1) of that title, 

13 shall be the powers, remedies, and procedures this 

14 Act provides to the President, the Commission, such 

15 Board, or any person, respectively, alleging an un16 lawful employment practice in violation of this Act 

17 against an employee described in section 5(3)(C), ex18 cept as provided in paragraphs (2) and (3). 

19 (2) COSTS AND FEES.—The powers, remedies, 

20 and procedures provided in subsections (b) and (c) 

21 of section 722 of the Revised Statutes of the United 

22 States (42 U.S.C. 1988) shall be the powers, rem23 edies, and procedures this Act provides to the Presi24 dent, the Commission, such Board, or any person, 

25 alleging such a practice. 


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1 (3) DAMAGES.—The powers, remedies, and pro2 cedures provided in section 1977A of the Revised 

3 Statutes of the United States (42 U.S.C. 1981a), in4 cluding the limitations contained in subsection (b)(3) 

5 of such section 1977A, shall be the powers, rem6 edies, and procedures this Act provides to the Presi7 dent, the Commission, such Board, or any person, 

8 alleging such a practice (not an employment practice 

9 specifically excluded from coverage under section 

10 1977A(a)(1) of the Revised Statutes of the United 

11 States). 

12 (d) EMPLOYEES COVERED BY GOVERNMENT EM13 PLOYEE RIGHTS ACT OF 1991.— 

14 (1) IN GENERAL.—The powers, remedies, and 

15 procedures provided in sections 302 and 304 of the 

16 Government Employee Rights Act of 1991 (42 

17 U.S.C. 2000e–16b; 2000e–16c) to the Commission, 

18 or any person, alleging a violation of section 

19 302(a)(1) of that Act (42 U.S.C. 2000e–16b(a)(1)) 

20 shall be the powers, remedies, and procedures this 

21 Act provides to the Commission, or any person, re22 spectively, alleging an unlawful employment practice 

23 in violation of this Act against an employee de24 scribed in section 5(3)(D), except as provided in 

25 paragraphs (2) and (3). 


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1 (2) COSTS AND FEES.—The powers, remedies, 

2 and procedures provided in subsections (b) and (c) 

3 of section 722 of the Revised Statutes of the United 

4 States (42 U.S.C. 1988) shall be the powers, rem5 edies, and procedures this Act provides to the Com6 mission, or any person, alleging such a practice. 

7 (3) DAMAGES.—The powers, remedies, and pro8 cedures provided in section 1977A of the Revised 

9 Statutes of the United States (42 U.S.C. 1981a), in10 cluding the limitations contained in subsection (b)(3) 

11 of such section 1977A, shall be the powers, rem12 edies, and procedures this Act provides to the Com13 mission, or any person, alleging such a practice (not 

14 an employment practice specifically excluded from 

15 coverage under section 1977A(a)(1) of the Revised 

16 Statutes of the United States). 

17 (e) EMPLOYEES COVERED BY SECTION 717 OF THE

18 CIVIL RIGHTS ACT OF 1964.— 

19 (1) IN GENERAL.—The powers, remedies, and 

20 procedures provided in section 717 of the Civil 

21 Rights Act of 1964 (42 U.S.C. 2000e–16) to the 

22 Commission, the Attorney General, the Librarian of 

23 Congress, or any person, alleging a violation of that 

24 section shall be the powers, remedies, and proce25 dures this Act provides to the Commission, the AtVerDate Sep 11 2014 04:31 May 13, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1101.IS S1101

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1 torney General, the Librarian of Congress, or any 

2 person, respectively, alleging an unlawful employ3 ment practice in violation of this Act against an em4 ployee or applicant described in section 5(3)(E), ex5 cept as provided in paragraphs (2) and (3). 

6 (2) COSTS AND FEES.—The powers, remedies, 

7 and procedures provided in subsections (b) and (c) 

8 of section 722 of the Revised Statutes of the United 

9 States (42 U.S.C. 1988) shall be the powers, rem10 edies, and procedures this Act provides to the Com11 mission, the Attorney General, the Librarian of Con12 gress, or any person, alleging such a practice. 

13 (3) DAMAGES.—The powers, remedies, and pro14 cedures provided in section 1977A of the Revised 

15 Statutes of the United States (42 U.S.C. 1981a), in16 cluding the limitations contained in subsection (b)(3) 

17 of such section 1977A, shall be the powers, rem18 edies, and procedures this Act provides to the Com19 mission, the Attorney General, the Librarian of Con20 gress, or any person, alleging such a practice (not an 

21 employment practice specifically excluded from cov22 erage under section 1977A(a)(1) of the Revised 

23 Statutes of the United States). 

24 (f) PROHIBITION AGAINST RETALIATION.— 


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1 (1) IN GENERAL.—No person shall discriminate 

2 against any individual because such individual has 

3 opposed any act or practice made unlawful by this 

4 Act or because such individual made a charge, testi5 fied, assisted, or participated in any manner in an 

6 investigation, proceeding, or hearing under this Act. 

7 (2) PROHIBITION AGAINST COERCION.—It shall 

8 be unlawful to coerce, intimidate, threaten, or inter9 fere with any individual in the exercise or enjoyment 

10 of, or on account of such individual having exercised 

11 or enjoyed, or on account of such individual having 

12 aided or encouraged any other individual in the exer13 cise or enjoyment of, any right granted or protected 

14 by this Act. 

15 (3) REMEDY.—The remedies and procedures 

16 otherwise provided for under this section shall be 

17 available to aggrieved individuals with respect to vio18 lations of this subsection. 

19 SEC. 4. RULEMAKING. 

20 Not later than 2 years after the date of enactment 

21 of this Act, the Commission shall issue regulations in an 

22 accessible format in accordance with subchapter II of 

23 chapter 5 of title 5, United States Code, to carry out this 

24 Act. Such regulations shall provide examples of reasonable 

25 accommodations addressing known limitations related to 


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1 pregnancy, childbirth, or related medical conditions that 

2 shall be provided to a job applicant or employee affected 

3 by such known limitations unless the covered entity can 

4 demonstrate that doing so would impose an undue hard5 ship. 

6 SEC. 5. DEFINITIONS. 

7 As used in this Act— 

8 (1) the term ‘‘Commission’’ means the Equal 

9 Employment Opportunity Commission; 

10 (2) the term ‘‘covered entity’’— 

11 (A) has the meaning given the term ‘‘re12 spondent’’ in section 701(n) of the Civil Rights 

13 Act of 1964 (42 U.S.C. 2000e(n)); and 

14 (B) includes— 

15 (i) an employing office, as defined in 

16 section 101 of the Congressional Account17 ability Act of 1995 (2 U.S.C. 1301) and 

18 section 411(c) of title 3, United States 

19 Code; 

20 (ii) an entity employing a State em21 ployee described in section 304(a) of the 

22 Government Employee Rights Act of 1991 

23 (42 U.S.C. 2000e–16c(a)); and 


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1 (iii) an entity to which section 717(a) 

2 of the Civil Rights Act of 1964 (42 U.S.C. 

3 2000e–16(a)) applies; 

4 (3) the term ‘‘employee’’ means— 

5 (A) an employee (including an applicant), 

6 as defined in section 701(f) of the Civil Rights 

7 Act of 1964 (42 U.S.C. 2000e(f)); 

8 (B) a covered employee (including an ap9 plicant), as defined in section 101 of the Con10 gressional Accountability Act of 1995 (2 U.S.C. 

11 1301); 

12 (C) a covered employee (including an appli13 cant), as defined in section 411(c) of title 3, 

14 United States Code; 

15 (D) a State employee (including an appli16 cant) described in section 304(a) of the Govern17 ment Employee Rights Act of 1991 (42 U.S.C. 

18 2000e–16c(a)); or 

19 (E) an employee (including an applicant) 

20 to which section 717(a) of the Civil Rights Act 

21 of 1964 (42 U.S.C. 2000e–16(a)) applies; 

22 (4) the term ‘‘person’’ has the meaning given 

23 such term in section 701(a) of the Civil Rights Act 

24 of 1964 (42 U.S.C. 2000e(a)); and 


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1 (5) the terms ‘‘reasonable accommodation’’ and 

2 ‘‘undue hardship’’ have the meanings given such 

3 terms in section 101 of the Americans with Disabil4 ities Act of 1990 (42 U.S.C. 12111) and shall be 

5 construed as such terms have been construed under 

6 such Act and as set forth in the regulations required 

7 by this Act, including with regard to the interactive 

8 process that will typically be used to determine an 

9 appropriate reasonable accommodation. 

10 SEC. 6. WAIVER OF STATE IMMUNITY. 

11 A State shall not be immune under the 11th Amend12 ment to the Constitution of the United States from an 

13 action in a Federal or State court of competent jurisdic14 tion for a violation of this Act. In any action against a 

15 State for a violation of the requirements of this Act, rem16 edies are available for such a violation to the same extent 

17 as such remedies are available for such a violation in an 

18 action against any public or private entity other than a 

19 State. 

20 SEC. 7. RELATIONSHIP TO OTHER LAWS. 

21 Nothing in this Act shall be construed to invalidate 

22 or limit the remedies, rights, and procedures of any Fed23 eral law or law of any State or political subdivision of any 

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1 tion for workers affected by pregnancy, childbirth, or re2 lated medical conditions. 

Æ 


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