(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)) applies; 
(4) the term ‘‘person’’ has the meaning given 
such term in section 701(a) of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e(a)); 
(5) the term ‘‘known limitation’’ means physical 
or mental condition related to, affected by, or arising 
out of pregnancy, childbirth, or related medical con-
ditions that the employee or employee’s representa-
tive has communicated to the employer whether or 
not such condition meets the definition of disability 
specified in section 3 of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12102); 
(6) the term ‘‘qualified employee’’ means an 
employee or applicant who, with or without reason-
able accommodation, can perform the essential func-
tions of the employment position, except that an em-
ployee or applicant shall be considered qualified if— 
(A) any inability to perform an essential 
function is for a temporary period; 
(B) the essential function could be per-
formed in the near future; and 
(C) the inability to perform the essential 
function can be reasonably accommodated; and 
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(7) the terms ‘‘reasonable accommodation’’ and 
‘‘undue hardship’’ have the meanings given such 
terms in section 101 of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12111) and shall be 
construed as such terms are construed under such 
Act and as set forth in the regulations required by 
this Act, including with regard to the interactive 
process that will typically be used to determine an 
appropriate reasonable accommodation. 
SEC. 6. WAIVER OF STATE IMMUNITY. 
A State shall not be immune under the 11th Amend-
ment 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 eq-
uity) 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. 
SEC. 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 
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protection for individuals affected by pregnancy, child-
birth, or related medical conditions. 
SEC. 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 per-
sons or circumstances shall not be affected. 
Æ 
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