Pregnant Workers Fairness Act
Bill: S.4431 | Sponsor: Sen. Casey, Robert P., Jr. (D-PA)
Policy area: Labor and Employment

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
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.

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pregnant Workers Fairness Act''.

SEC. 2. DEFINITIONS.

    As used in this Act--
            (1) the term ``Commission'' means the Equal Employment 
        Opportunity Commission;
            (2) the term ``covered entity''--
                    (A) has the meaning given the term ``respondent'' 
                in section 701(n) of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e(n)); and
                    (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) and section 411(c) 
                        of title 3, United States Code;
                            (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)) applies;
            (3) the term ``employee'' means--
                    (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), and an 
                individual described in section 201(d) of that Act (2 
                U.S.C. 1311(d));
                    (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)) 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 conditions that the employee or 
        employee's representative has communicated to the employer 
        whether or not such condition meets the definition of 
        disability specified in section 3 of the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12102);
            (6) the term ``qualified employee'' means an employee or 
        applicant who, with or without reasonable accommodation, can 
        perform the essential functions of the employment position, 
        except that an employee 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 performed in 
                the near future; and
                    (C) the inability to perform the essential function 
                can be reasonably accommodated; and
            (7) the terms ``reasonable accommodation'' and ``undue 
        hardship'' have the meanings given such terms in section 101 of 
        the Americans with Disabilities 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. 3. 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 2(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 
        the 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 the 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.

SEC. 4. 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.) to the 
        Commission, the Attorney General, or any person alleging a 
        violation of title VII of such Act (42 U.S.C. 2000e et seq.) 
        shall be the powers, remedies, and procedures this Act provides 
        to the Commission, the Attorney General, or any person, 
        respectively, alleging an unlawful employment practice in 
        violation of this Act against an employee described in section 
        2(3)(A) 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) shall be the powers, 
        remedies, and procedures this Act provides to the Commission, 
        the Attorney General, or any person alleging such practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
        including the limitations contained in subsection (b)(3) of 
        such section 1977A, shall be the powers, remedies, and 
        procedures this Act provides to the Commission, the Attorney 
        General, or any person alleging such practice (not an 
        employment practice specifically excluded from coverage under 
        section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 
        1981a(a)(1))).
    (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.) for the purposes of addressing allegations 
        of violations of section 201(a)(1) of such Act (2 U.S.C. 
        1311(a)(1)) shall be the powers, remedies, and procedures this 
        Act provides to address an allegation of an unlawful employment 
        practice in violation of this Act against an employee described 
        in section 2(3)(B), 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) for the purposes of 
        addressing allegations of such a violation shall be the powers, 
        remedies, and procedures this Act provides to address 
        allegations of such practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
        including the limitations contained in subsection (b)(3) of 
        such section 1977A, for purposes of addressing allegations of 
        such a violation, shall be the powers, remedies, and procedures 
        this Act provides to address any allegation of such practice 
        (not an employment practice specifically excluded from coverage 
        under section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 
        1981a(a)(1))).
    (c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--
            (1) In general.--The powers, remedies, and procedures 
        provided in chapter 5 of title 3, United States Code, to the 
        President, the Commission, the Merit Systems Protection Board, 
        or any person alleging a violation of section 411(a)(1) of such 
        title shall be the powers, remedies, and procedures this Act 
        provides to the President, the Commission, the Board, or any 
        person, respectively, alleging an unlawful employment practice 
        in violation of this Act against an employee described in 
        section 2(3)(C), 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) shall be the powers, 
        remedies, and procedures this Act provides to the President, 
        the Commission, the Board, or any person alleging such 
        practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
        including the limitations contained in subsection (b)(3) of 
        such section 1977A, shall be the powers, remedies, and 
        procedures this Act provides to the President, the Commission, 
        the Board, or any person alleging such practice (not an 
        employment practice specifically excluded from coverage under 
        section 1977A(a)(1) of the Revised Statutes (42 U.S.C. 
        1981a(a)(1))).
    (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 2(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) shall be the powers, 
        remedies, and procedures this Act provides to the Commission or 
        any person alleging such practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
        including the limitations contained in subsection (b)(3) of 
        such section 1977A, shall be the powers, remedies, and 
        procedures this Act provides to the Commission or any person 
        alleging such practice (not an employment practice specifically 
        excluded from coverage under section 1977A(a)(1) of the Revised 
        Statutes (42 U.S.C. 1981a(a)(1))).
    (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) to the Commission, the Attorney General, the 
        Librarian of Congress, or any person alleging a violation of 
        that section shall be the powers, remedies, and procedures this 
        Act provides to the Commission, the Attorney General, the 
        Librarian of Congress, or any person, respectively, alleging an 
        unlawful employment practice in violation of this Act against 
        an employee described in section 2(3)(E), 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) shall be the powers, 
        remedies, and procedures this Act provides to the Commission, 
        the Attorney General, the Librarian of Congress, or any person 
        alleging such practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes (42 U.S.C. 1981a), 
        including the limitations contained in subsection (b)(3) of 
        such section 1977A, shall be the powers, remedies, and 
        procedures this Act provides to the Commission, the Attorney 
        General, the Librarian of Congress, or any person alleging such 
        practice (not an employment practice specifically excluded from 
        coverage under section 1977A(a)(1) of the Revised Statutes (42 
        U.S.C. 1981a(a)(1))).
    (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) if the covered 
entity demonstrates good faith efforts, in consultation with the 
employee with known limitations related to pregnancy, childbirth, or 
related medical conditions who has informed the covered entity that 
accommodation is needed, to identify and make a reasonable 
accommodation that would provide such employee with an equally 
effective opportunity and would not cause an undue hardship on the 
operation of the covered entity.

SEC. 5. RULEMAKING.

    (a) EEOC Rulemaking.--Not later than 1 year 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 of 
title 5, United States Code, to carry out this Act. Such regulations 
shall provide examples of reasonable accommodations addressing known 
limitations related to pregnancy, childbirth, or related medical 
conditions.
    (b) OCWR Rulemaking.--
            (1) In general.--Not later than 6 months after the 
        Commission issues regulations under subsection (a), the Board 
        (as defined in section 101 of the Congressional Accountability 
        Act of 1995 (2 U.S.C. 1301)) shall (in accordance with section 
        304 of the Congressional Accountability Act of 1995 (2 U.S.C. 
        1384)), issue regulations to implement the provisions of this 
        Act made applicable to employees described in section 2(3)(B), 
        under section 4(b).
            (2) Parallel with agency regulations.--The regulations 
        issued under paragraph (1) shall be the same as substantive 
        regulations issued by the Commission under subsection (a) 
        except to the extent that the Board may determine, for good 
        cause shown and stated together with the regulations issued 
        under paragraph (1) that a modification of such substantive 
        regulations would be more effective for the implementation of 
        the rights and protection under this Act.

SEC. 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.

SEC. 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.

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 persons or circumstances shall not be affected.

SEC. 9. EFFECTIVE DATE.

    This Act shall take effect on the date that is 180 days after the 
date of enactment of this Act.
                                                       Calendar No. 425

117th CONGRESS

  2d Session

                                S. 4431

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