,,ii #aacth ,,congress #ast ,session ,s4 #idb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ad1 #bjac ,mr4 ,casey 7for himself1 ,mrs4 ,shaheen1 ,mr4 ,blumenthal1 ,mr4 ,leahy1 ,mr4 ,harkin1 ,mrs4 ,murray1 ,mr4 ,lautenberg1 ,mrs4 ,gillibrand1 ,mr4 ,franken1 and ,mr4 ,murphy7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 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 pregnancy1 childbirth1 or a related medical condition4 #a4 ,short title ,this ,act may be cited as the ,pregnant ,workers ,fairness ,act4 #b4 ,nondiscrimination with regard to reasonable accommodations related to pregnancy ,it shall be an unlawful employment practice for a covered entity to-- 7#a7 not make reasonable accommodations to the known limitations related to the pregnancy1 childbirth1 or related medical conditions of a job applicant or employee1 unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity2 7#b7 deny employment opportunities to a job applicant or employee1 if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy1 childbirth1 or related medical conditions of an employee or applicant2 7#c7 require a job applicant or employee affected by pregnancy1 childbirth1 or related medical conditions to accept an accommodation that such applicant or employee chooses not to accept2 or 7#d7 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 pregnancy1 childbirth1 or related medical conditions of an employee4 #c4 ,remedies and enforcement 7a7 ,employees ,covered by ,title ,,vii of the ,civil ,rights ,act of #aifd 7#a7 ,in general ,the powers1 procedures1 and remedies provided in sections #gje1 #gjf1 #gjg1 #gji1 #gaj1 and #gaa of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#d et seq47 to the ,commission1 the ,attorney ,general1 or any person1 alleging a violation of title ,,vii of that ,act 7#db ,u4,s4,c4 #bjjj;e et seq47 shall be the powers1 procedures1 and remedies this title provides to the ,commission1 the ,attorney ,general1 or any person1 respectively1 alleging an unlawful employment practice in violation of this title against an employee described in section #e7b77;,a71 except as provided in paragraphs 7#b7 and 7#c74 7#b7 ,costs and fees ,the powers1 remedies1 and procedures provided in subsections 7b7 and 7c7 of section #gbb of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aihh71 shall be the powers1 remedies1 and procedures this title provides to the ,commission1 the ,attorney ,general1 or any person1 alleging such a practice4 7#c7 ,damages ,the powers1 remedies1 and procedures provided in section #aigg;,a of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aiha;a71 including the limitations contained in subsection 7b77#c7 of such section #aigg;,a1 shall be the powers1 remedies1 and procedures this title provides to the ,commission1 the ,attorney ,general1 or any person1 alleging such a practice 7not an employment practice specifically excluded from coverage under section #aigg;,a7a77#a7 of the ,revised ,statutes of the ,united ,states74 7b7 ,employees ,covered by ,congressional ,accountability ,act of #aiie 7#a7 ,in general ,the powers1 remedies1 and procedures provided in the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 to the ,board 7as defined in section #aja of that ,act 7#b ,u4,s4,c4 #acja771 or any person1 alleging a violation of section #bja7;a77#a7 of that ,act 7#b ,u4,s4,c4 #acaa7;a77#a77 shall be the powers1 remedies1 and procedures this title provides to that ,board1 or any person1 alleging an unlawful employment practice in violation of this title against an employee described in section #e7b77;,b71 except as provided in paragraphs 7#b7 and 7#c74 7#b7 ,costs and fees ,the powers1 remedies1 and procedures provided in subsections 7b7 and 7c7 of section #gbb of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aihh71 shall be the powers1 remedies1 and procedures this title provides to that ,board1 or any person1 alleging such a practice4 7#c7 ,damages ,the powers1 remedies1 and procedures provided in section #aigg;,a of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aiha;a71 including the limitations contained in subsection 7b77#c7 of such section #aigg;,a1 shall be the powers1 remedies1 and procedures this title provides to that ,board1 or any person1 alleging such a practice 7not an employment practice specifically excluded from coverage under section #aigg;,a7a77#a7 of the ,revised ,statutes of the ,united ,states74 7#d7 ,other applicable provisions ,with respect to a claim alleging a practice described in paragraph 7#a71 title ,,iii of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acha et seq47 shall apply in the same manner as such title applies with respect to a claim alleging a violation of section #bja7;a77#a7 of such ,act 7#b ,u4,s4,c4 #acaa7;a77#a774 7c7 ,employees covered by chapter #e of title #c1 ,united ,states ,code 7#a7 ,in general ,the powers1 remedies1 and procedures provided in chapter #e of title #c1 ,united ,states ,code1 to the ,president1 the ,commission1 the ,merit ,systems ,protection ,board1 or any person1 alleging a violation of section #daa7;a77#a7 of that title1 shall be the powers1 remedies1 and procedures this title provides to the ,president1 the ,commission1 such ,board1 or any person1 respectively1 alleging an unlawful employment practice in violation of this title against an employee described in section #e7b77;,c71 except as provided in paragraphs 7#b7 and 7#c74 7#b7 ,costs and fees ,the powers1 remedies1 and procedures provided in subsections 7b7 and 7c7 of section #gbb of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aihh7 shall be the powers1 remedies1 and procedures this title provides to the ,president1 the ,commission1 such ,board1 or any person1 alleging such a practice4 7#c7 ,damages ,the powers1 remedies1 and procedures provided in section #aigg;,a of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aiha;a71 including the limitations contained in subsection 7b77#c7 of such section #aigg;,a1 shall be the powers1 remedies1 and procedures this title provides to the ,president1 the ,commission1 such ,board1 or any person1 alleging such a practice 7not an employment practice specifically excluded from coverage under section #aigg;,a7a77#a7 of the ,revised ,statutes of the ,united ,states74 7d7 ,employees ,covered by ,government ,employee ,rights ,act of #aiia 7#a7 ,in general ,the powers1 remedies1 and procedures provided in sections #cjb and #cjd of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;b1 #bjjj;e-#af;c7 to the ,commission1 or any person1 alleging a violation of section #cjb7;a77#a7 of that ,act 7#db ,u4,s4,c4 #bjjj;e-#af;b7a77#a77 shall be the powers1 remedies1 and procedures this title provides to the ,commission1 or any person1 respectively1 alleging an unlawful employment practice in violation of this title against an employee described in section #e7b77;,d71 except as provided in paragraphs 7#b7 and 7#c74 7#b7 ,costs and fees ,the powers1 remedies1 and procedures provided in subsections 7b7 and 7c7 of section #gbb of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aihh7 shall be the powers1 remedies1 and procedures this title provides to the ,commission1 or any person1 alleging such a practice4 7#c7 ,damages ,the powers1 remedies1 and procedures provided in section #aigg;,a of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aiha;a71 including the limitations contained in subsection 7b77#c7 of such section #aigg;,a1 shall be the powers1 remedies1 and procedures this title provides to the ,commission1 or any person1 alleging such a practice 7not an employment practice specifically excluded from coverage under section #aigg;,a7a77#a7 of the ,revised ,statutes of the ,united ,states74 7e7 ,employees ,covered by section #gag of the ,civil ,rights ,act of #aifd 7#a7 ,in general ,the powers1 remedies1 and procedures provided in section #gag of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af7 to the ,commission1 the ,attorney ,general1 the ,librarian of ,congress1 or any person1 alleging a violation of that section shall be the powers1 remedies1 and procedures this title provides to the ,commission1 the ,attorney ,general1 the ,librarian of ,congress1 or any person1 respectively1 alleging an unlawful employment practice in violation of this title against an employee or applicant described in section #b7b77;,e71 except as provided in paragraphs 7#b7 and 7#c74 7#b7 ,costs and fees ,the powers1 remedies1 and procedures provided in subsections 7b7 and 7c7 of section #gbb of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aihh7 shall be the powers1 remedies1 and procedures this title provides to the ,commission1 the ,attorney ,general1 the ,librarian of ,congress1 or any person1 alleging such a practice4 7#c7 ,damages ,the powers1 remedies1 and procedures provided in section #aigg;,a of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aiha;a71 including the limitations contained in subsection 7b77#c7 of such section #aigg;,a1 shall be the powers1 remedies1 and procedures this title provides to the ,commission1 the ,attorney ,general1 the ,librarian of ,congress1 or any person1 alleging such a practice 7not an employment practice specifically excluded from coverage under section #aigg;,a7a77#a7 of the ,revised ,statutes of the ,united ,states74 7f7 ,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 charge1 testified1 assisted1 or participated in any manner in an investigation1 proceeding1 or hearing under this title4 ,the remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection4 #d4 ,rulemaking ,not later than #b years after the date of enactment of this ,act1 the ,commission shall issue regulations in an accessible format in accordance with subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code1 to carry out this ,act4 ,such regulations shall identify some reasonable accommodations addressing known limitations related to pregnancy1 childbirth1 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 hardship4 #e4 ,definitions ,as used in this ,act-- 7#a7 the term ,commission means the ,equal ,employment ,opportunity ,commission2 7#b7 the term covered entity-- 7,a7 has the meaning given the term respondent in section #gja7n7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7n772 and 7,b7 includes-- 7i7 an employing office1 as defined in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja7 and section #daa7;c7 of title #c1 ,united ,states ,code2 7ii7 an entity employing a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia 7#ab ,u4,s4,c4 #abbj7;a772 and 7iii7 an entity to which section #gag7;a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af7;a77 applies2 7#c7 the term employee means-- 7,a7 an employee 7including an applicant71 as defined in section #gja7;f7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7f772 7,b7 a covered employee 7including an applicant71 as defined in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja72 7,c7 a covered employee 7including an applicant71 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 7,d7 a ,state employee 7including an applicant7 described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia 7#ab ,u4,s4,c4 #abbj7;a772 or 7,e7 an employee 7including an applicant7 to which section #gag7;a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#af7;a77 applies2 7#d7 the term person has the meaning given such term in section #gja7;a7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7a772 and 7#e7 the terms reasonable accommodation and undue hardship have the meanings given such terms in section #aja of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa7 and shall be construed as such terms have been construed under such ,act and as set forth in the regulations required by this ,act4 #f4 ,relationship to other laws ,nothing in this ,act shall be construed to invalidate or limit the remedies1 rights1 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 pregnancy1 childbirth1 or related medical conditions4