[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1486 Reported in Senate (RS)]
<DOC>
Calendar No. 141
117th CONGRESS
1st Session
S. 1486
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 29, 2021
Mr. Casey (for himself, Mr. Cassidy, Mrs. Shaheen, Mrs. Capito, Ms.
Smith, Ms. Murkowski, Mr. Kaine, and Mr. Grassley) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
September 30, 2021
Reported by Mrs. Murray, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A 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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Pregnant Workers Fairness
Act''.</DELETED>
<DELETED>SEC. 2. NONDISCRIMINATION WITH REGARD TO REASONABLE
ACCOMMODATIONS RELATED TO PREGNANCY.</DELETED>
<DELETED> It shall be an unlawful employment practice for a covered
entity to--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. REMEDIES AND ENFORCEMENT.</DELETED>
<DELETED> (a) Employees Covered by Title VII of the Civil Rights Act
of 1964.--</DELETED>
<DELETED> (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
5(3)(A) except as provided in paragraphs (2) and (3) of this
subsection.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (b) Employees Covered by Congressional Accountability Act
of 1995.--</DELETED>
<DELETED> (1) In general.--The powers, remedies, and
procedures provided in the Congressional Accountability Act of
1995 (2 U.S.C. 1301 et seq.) to the Board (as defined in
section 101 of such Act (2 U.S.C. 1301)) or any person alleging
a violation 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 the Board or any person, respectively, alleging
an unlawful employment practice in violation of this Act
against an employee described in section 5(3)(B), except as
provided in paragraphs (2) and (3) of this
subsection.</DELETED>
<DELETED> (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 Board or any
person alleging such practice.</DELETED>
<DELETED> (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 Board or any person
alleging such practice (not an employment practice specifically
excluded from coverage under section 1977A(a)(1) of the Revised
Statutes).</DELETED>
<DELETED> (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.) shall apply in the same manner as such title
applies with respect to a claim alleging a violation of section
201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).</DELETED>
<DELETED> (c) Employees Covered by Chapter 5 of Title 3, United
States Code.--</DELETED>
<DELETED> (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 5(3)(C), except as provided in
paragraphs (2) and (3) of this subsection.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (d) Employees Covered by Government Employee Rights Act of
1991.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (e) Employees Covered by Section 717 of the Civil Rights
Act of 1964.--</DELETED>
<DELETED> (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
5(3)(E), except as provided in paragraphs (2) and (3) of this
subsection.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (f) Prohibition Against Retaliation.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. RULEMAKING.</DELETED>
<DELETED> 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 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.</DELETED>
<DELETED>SEC. 5. DEFINITIONS.</DELETED>
<DELETED> As used in this Act--</DELETED>
<DELETED> (1) the term ``Commission'' means the Equal
Employment Opportunity Commission;</DELETED>
<DELETED> (2) the term ``covered entity''--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) includes--</DELETED>
<DELETED> (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));</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iv) an entity to which section
717(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16(a)) applies;</DELETED>
<DELETED> (3) the term ``employee'' means--</DELETED>
<DELETED> (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));</DELETED>
<DELETED> (B) a covered employee (including an
applicant), as defined in section 101 of the
Congressional Accountability Act of 1995 (2 U.S.C.
1301);</DELETED>
<DELETED> (C) a covered employee (including an
applicant), as defined in section 411(c) of title 3,
United States Code;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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));</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) any inability to perform an essential
function is for a temporary period;</DELETED>
<DELETED> (B) the essential function could be
performed in the near future; and</DELETED>
<DELETED> (C) the inability to perform the essential
function can be reasonably accommodated; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. WAIVER OF STATE IMMUNITY.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 7. RELATIONSHIP TO OTHER LAWS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 8. SEVERABILITY.</DELETED>
<DELETED> 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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pregnant Workers Fairness Act''.
SEC. 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.
SEC. 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.) 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
5(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).
(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.) to the Board (as defined in section 101 of
such Act (2 U.S.C. 1301)) or any person alleging a violation 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 the
Board or any person, respectively, alleging an unlawful
employment practice in violation of this Act against an
employee described in section 5(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) shall be the powers,
remedies, and procedures this Act provides to 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 Board or any person
alleging such practice (not an employment practice specifically
excluded from coverage under section 1977A(a)(1) of the Revised
Statutes).
(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.) shall apply in the same manner as such title applies with
respect to a claim alleging a violation of section 201(a)(1) of
such Act (2 U.S.C. 1311(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 5(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).
(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) 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).
(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 5(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).
(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. 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 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.
SEC. 5. 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);
(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. 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.
Calendar No. 141
117th CONGRESS
1st Session
S. 1486
_______________________________________________________________________
A 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.
_______________________________________________________________________
September 30, 2021
Reported with an amendment