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 job applicant or 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 job applicant or employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation that such applicant or employee chooses not to accept, if such accommodation is unnecessary to enable the applicant or employee to perform her job; (3) deny employment opportunities to a job applicant or 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 an employee or applicant; (4) require an 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 an employee; or (5) take adverse action in terms, conditions, or privileges of employment against an 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, procedures, and remedies provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4 42 U.S.C. 2000e (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States ( 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 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 of the United States ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States ( 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 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 of the United States ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States ( 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 that 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). (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States ( 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 of the United States ( 42 U.S.C. 1988 (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes of the United States ( 42 U.S.C. 1981a (f) Prohibition Against Retaliation (1) In General No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this Act or because such individual 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. 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 employing office, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 (ii) 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 (iii) 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 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 of the United States 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 the requirements 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 remedies, rights, and procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for workers affected by pregnancy, childbirth, or related medical conditions.

Summary: Pregnant Workers Fairness Act This bill prohibits employment practices that discriminate against making reasonable accommodations for job applicants or employees affected by pregnancy, childbirth, or related medical conditions. Specifically, the bill declares that it is an unlawful employment practice to: (1) fail to make reasonable accommodations to known limitations of such job applicants or employees, unless the accommodation would impose an undue hardship on an entity's business operation; (2) deny employment opportunities based on the need of the entity to make such reasonable accommodations; (3) require such job applicants or employees to accept an accommodation that they choose not to accept, if such accommodation is unnecessary to perform the job; (4) require such employees to take paid or unpaid leave if another reasonable accommodation can be provided to their known limitations; or (5) take adverse action in terms, conditions, or privileges of employment against an employee requesting or using such reasonable accommodations. The bill sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, the Congressional Accountability Act of 1995, the Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices. The Equal Employment Opportunity Commission must provide examples of reasonable accommodations that shall be provided to affected job applicants or 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.