Pregnant Workers Fairness Act

Bill: 117-s-1486
Sponsor: Sen. Casey, Robert P., Jr. [D-PA]
Introduced: 2021-04-29 in the Senate
Policy area: Labor and Employment
Subjects: Administrative law and regulatory procedures
Child care and development
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Disability and health-based discrimination
Employee hiring
Employee leave
Employment discrimination and employee rights
Equal Employment Opportunity Commission (EEOC)
Government employee pay, benefits, personnel management
Government liability
Sex and reproductive health
Sex, gender, sexual orientation discrimination
State and local government operations
Women's employment
Women's health
Worker safety and health

Summary:
action_date: 2021-04-29
text: 

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.

action_date: 2021-09-30
text: 

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.


Legislative actions:
action_date: 2021-09-30
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 141.
action_date: 2021-09-30
text: Committee on Health, Education, Labor, and Pensions. Reported by Senator Murray with an amendment in the nature of a substitute. Without written report.
action_date: 2021-09-30
text: Committee on Health, Education, Labor, and Pensions. Reported by Senator Murray with an amendment in the nature of a substitute. Without written report.
action_date: 2021-08-03
text: Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2021-04-29
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2021-04-29
text: Introduced in Senate