[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3565 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3565

  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

                           September 19, 2012

 Mr. Casey (for himself, Mrs. Shaheen, Mr. Lautenberg, Mr. Harkin, and 
 Ms. Mikulski) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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,

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 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) 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;
            (3) 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; or
            (4) require an employee to take leave under any leave law 
        or policy of the covered entity if another reasonable 
        accommodation can be provided to the known limitations related 
        to the pregnancy, childbirth, or related medical conditions of 
        an employee.

SEC. 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 et seq.) to the 
        Commission, the Attorney General, or any person, alleging a 
        violation of title VII of that Act (42 U.S.C. 2000e et seq.) 
        shall be the powers, procedures, and remedies this title 
        provides to the Commission, the Attorney General, or any 
        person, respectively, alleging an unlawful employment practice 
        in violation of this title against an employee described in 
        section 5(2)(A), 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), shall 
        be the powers, remedies, and procedures this title provides to 
        the Commission, the Attorney General, or any person, alleging 
        such a practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes of the United States 
        (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 title provides to the Commission, 
        the Attorney General, or any person, alleging such a practice 
        (not an employment practice specifically excluded from coverage 
        under section 1977A(a)(1) of the Revised Statutes of the United 
        States).
    (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 
        that Act (2 U.S.C. 1301)), or any person, alleging a violation 
        of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be 
        the powers, remedies, and procedures this title provides to 
        that Board, or any person, alleging an unlawful employment 
        practice in violation of this title against an employee 
        described in section 5(2)(B), 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), shall 
        be the powers, remedies, and procedures this title provides to 
        that Board, or any person, alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes of the United States 
        (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 title provides to that Board, or 
        any person, alleging such a practice (not an employment 
        practice specifically excluded from coverage under section 
        1977A(a)(1) of the Revised Statutes of the United States).
            (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 
        that title, shall be the powers, remedies, and procedures this 
        title provides to the President, the Commission, such Board, or 
        any person, respectively, alleging an unlawful employment 
        practice in violation of this title against an employee 
        described in section 5(2)(C), 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), shall 
        be the powers, remedies, and procedures this title provides to 
        the President, the Commission, such Board, or any person, 
        alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes of the United States 
        (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 title provides to the President, 
        the Commission, such Board, or any person, alleging such a 
        practice (not an employment practice specifically excluded from 
        coverage under section 1977A(a)(1) of the Revised Statutes of 
        the United States).
    (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 title provides to the 
        Commission, or any person, respectively, alleging an unlawful 
        employment practice in violation of this title against an 
        employee described in section 5(2)(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), shall 
        be the powers, remedies, and procedures this title provides to 
        the Commission, or any person, alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes of the United States 
        (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 title provides to the Commission, 
        or any person, alleging such a practice (not an employment 
        practice specifically excluded from coverage under section 
        1977A(a)(1) of the Revised Statutes of the United States).
    (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 
        title provides to the Commission, the Attorney General, the 
        Librarian of Congress, or any person, respectively, alleging an 
        unlawful employment practice in violation of this title against 
        an employee or applicant described in section 2(2)(E), 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), shall 
        be the powers, remedies, and procedures this title provides to 
        the Commission, the Attorney General, the Librarian of 
        Congress, or any person, alleging such a practice.
            (3) Damages.--The powers, remedies, and procedures provided 
        in section 1977A of the Revised Statutes of the United States 
        (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 title provides to the Commission, 
        the Attorney General, the Librarian of Congress, or any person, 
        alleging such a practice (not an employment practice 
        specifically excluded from coverage under section 1977A(a)(1) 
        of the Revised Statutes of the United States).
    (f) Prohibition Against Retaliation.--No person shall discriminate 
against any individual because such individual has opposed any act or 
practice made unlawful by this title or because such individual made a 
charge, testified, assisted, or participated in any manner in an 
investigation, proceeding, or hearing under this title. The remedies 
and procedures otherwise provided for under this section shall be 
available to aggrieved individuals with respect to violations of this 
subsection.

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 identify some 
reasonable accommodations addressing known limitations related to 
pregnancy, childbirth, or related medical conditions that shall be 
provided to a job applicant or employee affected by such known 
limitations unless the covered entity can demonstrate that doing so 
would impose an undue hardship.

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 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;
                            (ii) an entity employing a State employee 
                        described in section 304(a) of the Government 
                        Employee Rights Act of 1991 (12 U.S.C. 
                        1220(a)); and
                            (iii) 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 (12 U.S.C. 1220(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)); and
            (5) 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 have been construed under 
        such Act and as set forth in the regulations required by this 
        Act.

SEC. 6. 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.
                                 <all>