[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