Pregnant Workers Fairness Act

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. Short title This Act may be cited as the Pregnant Workers Fairness Act 2. Nondiscrimination with regard to reasonable accommodations related to pregnancy It shall be an unlawful employment practice for a covered entity to— (1) not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; (2) require a qualified employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation other than any reasonable accommodation arrived at through the interactive process referred to in section 5(7); (3) deny employment opportunities to a qualified employee if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee; (4) require a qualified employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee; or (5) take adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee. 3. Remedies and enforcement (a) Employees Covered by title VII of the Civil Rights Act of 1964 (1) In general The powers, remedies, and procedures provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4 et seq. 42 U.S.C. 2000e et seq. (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a (b) Employees Covered by Congressional Accountability Act of 1995 (1) In general The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. 2 U.S.C. 1301 2 U.S.C. 1311(a)(1) (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a (4) Other applicable provisions With respect to a claim alleging a practice described in paragraph (1), title III of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1381 et seq. 2 U.S.C. 1311(a)(1) (c) Employees covered by chapter 5 (1) In general The powers, remedies, and procedures provided in chapter 5 (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a (d) Employees Covered by Government Employee Rights Act of 1991 (1) In general The powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b; 2000e–16c) to the Commission or any person alleging a violation of section 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1)) shall be the powers, remedies, and procedures this Act provides to the Commission or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(D), except as provided in paragraphs (2) and (3) of this subsection. (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a (e) Employees Covered by section 717 of the Civil Rights Act of 1964 (1) In general The powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a (f) Prohibition Against Retaliation (1) In General No person shall discriminate against any employee because such employee has opposed any act or practice made unlawful by this Act or because such employee made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Act. (2) Prohibition against coercion It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of such individual having exercised or enjoyed, or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this Act. (3) Remedy The remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection. (g) Limitation Notwithstanding subsections (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful employment practice involves the provision of a reasonable accommodation pursuant to this Act or regulations implementing this Act, damages may not be awarded under section 1977A of the Revised Statutes ( 42 U.S.C. 1981a 4. Rulemaking Not later than 2 years after the date of enactment of this Act, the Commission shall issue regulations in an accessible format in accordance with subchapter II of chapter 5 5. Definitions As used in this Act— (1) the term Commission (2) the term covered entity (A) has the meaning given the term respondent 42 U.S.C. 2000e(n) (B) includes— (i) an employer, which means a person engaged in industry affecting commerce who has 15 or more employees as defined in section 701(b) of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(b) (ii) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 (iii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); and (iv) an entity to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) (3) the term employee (A) an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(f) (B) a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 (C) a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; (D) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); or (E) an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) (4) the term person 42 U.S.C. 2000e(a) (5) the term known limitation 42 U.S.C. 12102 (6) the term qualified employee (A) any inability to perform an essential function is for a temporary period; (B) the essential function could be performed in the near future; and (C) the inability to perform the essential function can be reasonably accommodated; and (7) the terms reasonable accommodation undue hardship 42 U.S.C. 12111 6. Waiver of State immunity A State shall not be immune under the 11th Amendment to the Constitution from an action in a Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. 7. Relationship to other laws Nothing in this Act shall be construed to invalidate or limit the powers, remedies, and procedures under any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for individuals affected by pregnancy, childbirth, or related medical conditions. 8. Severability If any provision of this Act or the application of that provision to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this Act and the application of that provision to other persons or circumstances shall not be affected. 1. Short title This Act may be cited as the Pregnant Workers Fairness Act 2. Nondiscrimination with regard to reasonable accommodations related to pregnancy It shall be an unlawful employment practice for a covered entity to— (1) not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; (2) require a qualified employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation other than any reasonable accommodation arrived at through the interactive process referred to in section 5(7); (3) deny employment opportunities to a qualified employee if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee; (4) require a qualified employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee; or (5) take adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee. 3. Remedies and enforcement (a) Employees Covered by title VII of the Civil Rights Act of 1964 (1) In general The powers, remedies, and procedures provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4 et seq. 42 U.S.C. 2000e et seq. (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a (b) Employees Covered by Congressional Accountability Act of 1995 (1) In general The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. 2 U.S.C. 1301 2 U.S.C. 1311(a)(1) (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a (4) Other applicable provisions With respect to a claim alleging a practice described in paragraph (1), title III of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1381 et seq. 2 U.S.C. 1311(a)(1) (c) Employees covered by chapter 5 (1) In general The powers, remedies, and procedures provided in chapter 5 (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a (d) Employees Covered by Government Employee Rights Act of 1991 (1) In general The powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b; 2000e–16c) to the Commission or any person alleging a violation of section 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1)) shall be the powers, remedies, and procedures this Act provides to the Commission or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(D), except as provided in paragraphs (2) and (3) of this subsection. (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a (e) Employees Covered by section 717 of the Civil Rights Act of 1964 (1) In general The powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a (f) Prohibition Against Retaliation (1) In General No person shall discriminate against any employee because such employee has opposed any act or practice made unlawful by this Act or because such employee made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Act. (2) Prohibition against coercion It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of such individual having exercised or enjoyed, or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this Act. (3) Remedy The remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection. (g) Limitation Notwithstanding subsections (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful employment practice involves the provision of a reasonable accommodation pursuant to this Act or regulations implementing this Act, damages may not be awarded under section 1977A of the Revised Statutes ( 42 U.S.C. 1981a 4. Rulemaking Not later than 2 years after the date of enactment of this Act, the Commission shall issue regulations in an accessible format in accordance with subchapter II of chapter 5 5. Definitions As used in this Act— (1) the term Commission (2) the term covered entity (A) has the meaning given the term respondent 42 U.S.C. 2000e(n) (B) includes— (i) an employer, which means a person engaged in industry affecting commerce who has 15 or more employees as defined in section 701(b) of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(b) (ii) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 (iii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); and (iv) an entity to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) (3) the term employee (A) an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(f) (B) a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 (C) a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; (D) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); or (E) an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) (4) the term person 42 U.S.C. 2000e(a) (5) the term known limitation 42 U.S.C. 12102 (6) the term qualified employee (A) any inability to perform an essential function is for a temporary period; (B) the essential function could be performed in the near future; and (C) the inability to perform the essential function can be reasonably accommodated; and (7) the terms reasonable accommodation undue hardship 42 U.S.C. 12111 6. Waiver of State immunity A State shall not be immune under the 11th Amendment to the Constitution from an action in a Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. 7. Relationship to other laws Nothing in this Act shall be construed— (1) to invalidate or limit the powers, remedies, and procedures under any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for individuals affected by pregnancy, childbirth, or related medical conditions; or (2) by regulation or otherwise, to require an employer-sponsored health plan to pay for or cover any particular item, procedure, or treatment or to affect any right or remedy available under any other Federal, State, or local law with respect to any such payment or coverage requirement. 8. Severability If any provision of this Act or the application of that provision to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this Act and the application of that provision to other persons or circumstances shall not be affected. September 30, 2021 Reported with an amendment

Summary: Pregnant Workers Fairness Act This bill prohibits employment practices that discriminate against making reasonable accommodations for qualified employees affected by pregnancy, childbirth, or related medical conditions. A qualified employee is an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the position, with specified exceptions. Specifically, the bill declares that it is an unlawful employment practice to fail to make reasonable accommodations to known limitations of such employees unless the accommodation would impose an undue hardship on an entity's business operation; require a qualified employee affected by such condition to accept an accommodation other than any reasonable accommodation arrived at through an interactive process; deny employment opportunities based on the need of the entity to make such reasonable accommodations to a qualified employee; require such employees to take paid or unpaid leave if another reasonable accommodation can be provided; or take adverse action in terms, conditions, or privileges of employment against a qualified employee requesting or using such reasonable accommodations. The bill sets forth enforcement procedures and remedies that cover different types of employees in relation to such unlawful employment practices. The Equal Employment Opportunity Commission must provide examples of reasonable accommodations that shall be provided to affected employees unless the employer can demonstrate that doing so would impose an undue hardship. The bill prohibits state immunity under the Eleventh Amendment to the Constitution from an action for a violation of this bill.