II 

112TH CONGRESS 

2D SESSION S. 3565 

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 

SEPTEMBER 19, 2012 

Mr. CASEY (for himself, Mrs. SHAHEEN, Mr. LAUTENBERG, Mr. HARKIN, and 

Ms. MIKULSKI) 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; or 

23 (4) require an employee to take leave under any 

24 leave law or policy of the covered entity if another 

25 reasonable accommodation can be provided to the 


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1 known limitations related to the pregnancy, child2 birth, or related medical conditions of an employee. 

3 SEC. 3. REMEDIES AND ENFORCEMENT. 

4 (a) EMPLOYEES COVERED BY TITLE VII OF THE

5 CIVIL RIGHTS ACT OF 1964.— 

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

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

8 710, and 711 of the Civil Rights Act of 1964 (42 

9 U.S.C. 2000e–4 et seq.) to the Commission, the At10 torney General, or any person, alleging a violation of 

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

12 be the powers, procedures, and remedies this title 

13 provides to the Commission, the Attorney General, 

14 or any person, respectively, alleging an unlawful em15 ployment practice in violation of this title against an 

16 employee described in section 5(2)(A), except as pro17 vided in paragraphs (2) and (3). 

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

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

20 of section 722 of the Revised Statutes of the United 

21 States (42 U.S.C. 1988), shall be the powers, rem22 edies, and procedures this title provides to the Com23 mission, the Attorney General, or any person, alleg24 ing 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 title provides to the Com7 mission, the Attorney General, or any person, alleg8 ing such a practice (not an employment practice spe9 cifically excluded from coverage under section 

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

11 States). 

12 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC13 COUNTABILITY ACT OF 1995.— 

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

15 procedures provided in the Congressional Account16 ability Act of 1995 (2 U.S.C. 1301 et seq.) to the 

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

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

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

20 shall be the powers, remedies, and procedures this 

21 title provides to that Board, or any person, alleging 

22 an unlawful employment practice in violation of this 

23 title against an employee described in section 

24 5(2)(B), except as provided in paragraphs (2) and 

25 (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 title provides to that 

6 Board, 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 title provides to that 

13 Board, 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 (4) OTHER APPLICABLE PROVISIONS.—With re18 spect to a claim alleging a practice described in 

19 paragraph (1), title III of the Congressional Ac20 countability Act of 1995 (2 U.S.C. 1381 et seq.) 

21 shall apply in the same manner as such title applies 

22 with respect to a claim alleging a violation of section 

23 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). 

24 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

25 3, UNITED STATES CODE.— 


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

2 procedures provided in chapter 5 of title 3, United 

3 States Code, to the President, the Commission, the 

4 Merit Systems Protection Board, or any person, al5 leging a violation of section 411(a)(1) of that title, 

6 shall be the powers, remedies, and procedures this 

7 title provides to the President, the Commission, such 

8 Board, or any person, respectively, alleging an un9 lawful employment practice in violation of this title 

10 against an employee described in section 5(2)(C), ex11 cept as provided in paragraphs (2) and (3). 

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

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

14 of section 722 of the Revised Statutes of the United 

15 States (42 U.S.C. 1988), shall be the powers, rem16 edies, and procedures this title provides to the Presi17 dent, the Commission, such Board, or any person, 

18 alleging such a practice. 

19 (3) DAMAGES.—The powers, remedies, and pro20 cedures provided in section 1977A of the Revised 

21 Statutes of the United States (42 U.S.C. 1981a), in22 cluding the limitations contained in subsection (b)(3) 

23 of such section 1977A, shall be the powers, rem24 edies, and procedures this title provides to the Presi25 dent, the Commission, such Board, or any person, 


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1 alleging such a practice (not an employment practice 

2 specifically excluded from coverage under section 

3 1977A(a)(1) of the Revised Statutes of the United 

4 States). 

5 (d) EMPLOYEES COVERED BY GOVERNMENT EM6 PLOYEE RIGHTS ACT OF 1991.— 

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

8 procedures provided in sections 302 and 304 of the 

9 Government Employee Rights Act of 1991 (42 

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

11 or any person, alleging a violation of section 

12 302(a)(1) of that Act (42 U.S.C. 2000e–16b(a)(1)) 

13 shall be the powers, remedies, and procedures this 

14 title provides to the Commission, or any person, re15 spectively, alleging an unlawful employment practice 

16 in violation of this title against an employee de17 scribed in section 5(2)(D), except as provided in 

18 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 title provides to the Com24 mission, or any person, 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 title provides to the Com7 mission, or any person, alleging such a practice (not 

8 an employment practice specifically excluded from 

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

10 Statutes of the United States). 

11 (e) EMPLOYEES COVERED BY SECTION 717 OF THE

12 CIVIL RIGHTS ACT OF 1964.— 

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

14 procedures provided in section 717 of the Civil 

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

16 Commission, the Attorney General, the Librarian of 

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

18 section shall be the powers, remedies, and proce19 dures this title provides to the Commission, the At20 torney General, the Librarian of Congress, or any 

21 person, respectively, alleging an unlawful employ22 ment practice in violation of this title against an em23 ployee or applicant described in section 2(2)(E), ex24 cept as provided 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 title provides to the Com6 mission, the Attorney General, the Librarian of Con7 gress, or any person, alleging 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 title provides to the Com14 mission, the Attorney General, the Librarian of Con15 gress, or any person, alleging such a practice (not an 

16 employment practice specifically excluded from cov17 erage under section 1977A(a)(1) of the Revised 

18 Statutes of the United States). 

19 (f) PROHIBITION AGAINST RETALIATION.—No per20 son shall discriminate against any individual because such 

21 individual has opposed any act or practice made unlawful 

22 by this title or because such individual made a charge, 

23 testified, assisted, or participated in any manner in an in24 vestigation, proceeding, or hearing under this title. The 

25 remedies and procedures otherwise provided for under this 


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1 section shall be available to aggrieved individuals with re2 spect to violations of this subsection. 

3 SEC. 4. RULEMAKING. 

4 Not later than 2 years after the date of enactment 

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

6 accessible format in accordance with subchapter II of 

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

8 Act. Such regulations shall identify some reasonable ac9 commodations addressing known limitations related to 

10 pregnancy, childbirth, or related medical conditions that 

11 shall be provided to a job applicant or employee affected 

12 by such known limitations unless the covered entity can 

13 demonstrate that doing so would impose an undue hard14 ship. 

15 SEC. 5. DEFINITIONS. 

16 As used in this Act— 

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

18 Employment Opportunity Commission; 

19 (2) the term ‘‘covered entity’’— 

20 (A) has the meaning given the term ‘‘re21 spondent’’ in section 701(n) of the Civil Rights 

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

23 (B) includes— 

24 (i) an employing office, as defined in 

25 section 101 of the Congressional AccountVerDate Mar 15 2010 00:19 Sep 25, 2012 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3565.IS S3565

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1 ability Act of 1995 (2 U.S.C. 1301) and 

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

3 Code; 

4 (ii) an entity employing a State em5 ployee described in section 304(a) of the 

6 Government Employee Rights Act of 1991 

7 (12 U.S.C. 1220(a)); and 

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

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

10 2000e–16(a)) applies; 

11 (3) the term ‘‘employee’’ means— 

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

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

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

15 (B) a covered employee (including an ap16 plicant), as defined in section 101 of the Con17 gressional Accountability Act of 1995 (2 U.S.C. 

18 1301); 

19 (C) a covered employee (including an appli20 cant), as defined in section 411(c) of title 3, 

21 United States Code; 

22 (D) a State employee (including an appli23 cant) described in section 304(a) of the Govern24 ment Employee Rights Act of 1991 (12 U.S.C. 

25 1220(a)); or 


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1 (E) an employee (including an applicant) 

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

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

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

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

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

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

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

9 terms in section 101 of the Americans with Disabil10 ities Act of 1990 (42 U.S.C. 12111) and shall be 

11 construed as such terms have been construed under 

12 such Act and as set forth in the regulations required 

13 by this Act. 

14 SEC. 6. RELATIONSHIP TO OTHER LAWS. 

15 Nothing in this Act shall be construed to invalidate 

16 or limit the remedies, rights, and procedures of any Fed17 eral law or law of any State or political subdivision of any 

18 State or jurisdiction that provides greater or equal protec19 tion for workers affected by pregnancy, childbirth, or re20 lated medical conditions. 

Æ 


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