#aafth ,,congress #b;d ,session ,h4 ,r4 #bfid ,,an ,,act ,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 qualified 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 require a qualified employee affected by pregnancy1 childbirth1 or related medical conditions to accept an accommodation other than any reasonable accommodation arrived at through the interactive process referred to in section #e7g72 7#c7 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 pregnancy1 childbirth1 or related medical conditions of a qualified employee2 7#d7 require a qualified employee to take leave1 whether paid or unpaid1 if another reasonable accommodation can be provided to the known limitations related to the pregnancy1 childbirth1 or related medical conditions of a qualified employee2 or 7#e7 take adverse action in terms1 conditions1 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 pregnancy1 childbirth1 or related medical conditions of the employee4 #c4 ,remedies and enforcement 7a7 ,employees ,covered by title ,,vii of the ,civil ,rights ,act of #aifd 7#a7 ,in general ,the powers1 remedies1 and procedures 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 person alleging a violation of title ,,vii of such ,act 7#db ,u4,s4,c4 #bjjj;e et seq47 shall be the powers1 remedies1 and procedures this ,act provides to the ,commission1 the ,attorney ,general1 or any person1 respectively1 alleging an unlawful employment practice in violation of this ,act against an employee described in section #e7c77;,a7 except as provided in paragraphs 7#b7 and 7#c7 of this subsection4 7#b7 ,costs and fees ,the powers1 remedies1 and procedures provided in subsections 7b7 and 7c7 of section #gbb of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7 shall be the powers1 remedies1 and procedures this ,act provides to the ,commission1 the ,attorney ,general1 or any person alleging such practice4 7#c7 ,damages ,the powers1 remedies1 and procedures provided in section #aigg;,a of the ,revised ,statutes 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 ,act provides to the ,commission1 the ,attorney ,general1 or any person alleging such practice 7not an employment practice specifically excluded from coverage under section #aigg;,a7a77#a7 of the ,revised ,statutes74 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 such ,act 7#b ,u4,s4,c4 #acja77 or any person alleging a violation of section #bja7;a77#a7 of such ,act 7#b ,u4,s4,c4 #acaa7;a77#a77 shall be the powers1 remedies1 and procedures this ,act provides to the ,board or any person1 respectively1 alleging an unlawful employment practice in violation of this ,act against an employee described in section #e7c77;,b71 except as provided in paragraphs 7#b7 and 7#c7 of this subsection4 7#b7 ,costs and fees ,the powers1 remedies1 and procedures provided in subsections 7b7 and 7c7 of section #gbb of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7 shall be the powers1 remedies1 and procedures this ,act provides to the ,board or any person alleging such practice4 7#c7 ,damages ,the powers1 remedies1 and procedures provided in section #aigg;,a of the ,revised ,statutes 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 ,act provides to the ,board or any person alleging such practice 7not an employment practice specifically excluded from coverage under section #aigg;,a7a77#a7 of the ,revised ,statutes74 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 person alleging a violation of section #daa7;a77#a7 of such title shall be the powers1 remedies1 and procedures this ,act provides to the ,president1 the ,commission1 the ,board1 or any person1 respectively1 alleging an unlawful employment practice in violation of this ,act against an employee described in section #e7c77;,c71 except as provided in paragraphs 7#b7 and 7#c7 of this subsection4 7#b7 ,costs and fees ,the powers1 remedies1 and procedures provided in subsections 7b7 and 7c7 of section #gbb of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7 shall be the powers1 remedies1 and procedures this ,act provides to the ,president1 the ,commission1 the ,board1 or any person alleging such practice4 7#c7 ,damages ,the powers1 remedies1 and procedures provided in section #aigg;,a of the ,revised ,statutes 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 ,act provides to the ,president1 the ,commission1 the ,board1 or any person alleging such practice 7not an employment practice specifically excluded from coverage under section #aigg;,a7a77#a7 of the ,revised ,statutes74 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;b2 #bjjj;e-#af;c7 to the ,commission or any person alleging a violation of section #cjb7;a77#a7 of such ,act 7#db ,u4,s4,c4 #bjjj;e-#af;b7a77#a77 shall be the powers1 remedies1 and procedures this ,act provides to the ,commission or any person1 respectively1 alleging an unlawful employment practice in violation of this ,act against an employee described in section #e7c77;,d71 except as provided in paragraphs 7#b7 and 7#c7 of this subsection4 7#b7 ,costs and fees ,the powers1 remedies1 and procedures provided in subsections 7b7 and 7c7 of section #gbb of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7 shall be the powers1 remedies1 and procedures this ,act provides to the ,commission or any person alleging such practice4 7#c7 ,damages ,the powers1 remedies1 and procedures provided in section #aigg;,a of the ,revised ,statutes 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 ,act provides to the ,commission or any person alleging such practice 7not an employment practice specifically excluded from coverage under section #aigg;,a7a77#a7 of the ,revised ,statutes74 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 person alleging a violation of that section shall be the powers1 remedies1 and procedures this ,act provides to the ,commission1 the ,attorney ,general1 the ,librarian of ,congress1 or any person1 respectively1 alleging an unlawful employment practice in violation of this ,act against an employee described in section #e7c77;,e71 except as provided in paragraphs 7#b7 and 7#c7 of this subsection4 7#b7 ,costs and fees ,the powers1 remedies1 and procedures provided in subsections 7b7 and 7c7 of section #gbb of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh7 shall be the powers1 remedies1 and procedures this ,act provides to the ,commission1 the ,attorney ,general1 the ,librarian of ,congress1 or any person alleging such practice4 7#c7 ,damages ,the powers1 remedies1 and procedures provided in section #aigg;,a of the ,revised ,statutes 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 ,act provides to the ,commission1 the ,attorney ,general1 the ,librarian of ,congress1 or any person alleging such practice 7not an employment practice specifically excluded from coverage under section #aigg;,a7a77#a7 of the ,revised ,statutes74 7f7 ,prohibition ,against ,retaliation 7#a7 ,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 charge1 testified1 assisted1 or participated in any manner in an investigation1 proceeding1 or hearing under this ,act4 7#b7 ,prohibition against coercion ,it shall be unlawful to coerce1 intimidate1 threaten1 or interfere with any individual in the exercise or enjoyment of1 or on account of such individual having exercised or enjoyed1 or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of1 any right granted or protected by this ,act4 7#c7 ,remedy ,the remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection4 7g7 ,limitation ,notwithstanding subsections 7a77#c71 7b77#c71 7c77#c71 7d77#c71 and 7e77#c71 if an unlawful employment practice involves the provision of a reasonable accommodation pursuant to this ,act or regulations implementing this ,act1 damages may not be awarded under section #aigg;,a of the ,revised ,statutes 7#db ,u4,s4,c4 #aiha;a7 if the covered entity demonstrates good faith efforts1 in consultation with the employee with known limitations related to pregnancy1 childbirth1 or related medical conditions who has informed the covered entity that accommodation is needed1 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 entity4 #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 provide examples of reasonable accommodations addressing known limitations related to pregnancy1 childbirth1 or related medical conditions4 #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 employer1 which means a person engaged in industry affecting commerce who has #ae or more employees as defined in section #gja7;b7 of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e7b772 7ii7 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 7iii7 an entity employing a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;c7a772 and 7iv7 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#db ,u4,s4,c4 #bjjj;e-#af;c7a772 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 7#e7 the term known limitation means physical or mental condition related to1 affected by1 or arising out of pregnancy1 childbirth1 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 #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb72 7#f7 the term qualified employee means an employee or applicant who1 with or without reasonable accommodation1 can perform the essential functions of the employment position1 except that an employee or applicant shall be considered qualified if-- 7,a7 any inability to perform an essential function is for a temporary period2 7,b7 the essential function could be performed in the near future2 and 7,c7 the inability to perform the essential function can be reasonably accommodated2 and 7#g7 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 are construed under such ,act and as set forth in the regulations required by this ,act1 including with regard to the interactive process that will typically be used to determine an appropriate reasonable accommodation4 #f4 ,waiver of ,state immunity ,a ,state shall not be immune under the #aath ,amendment to the ,constitution from an action in a ,federal or ,state court of competent jurisdiction for a violation of this ,act4 ,in any action against a ,state for a violation of this ,act1 remedies 7including remedies both at law and in equity7 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 ,state4 #g4 ,relationship to other laws ,nothing in this ,act shall be construed to invalidate or limit the powers1 remedies1 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 pregnancy1 childbirth1 or related medical conditions4 #h4 ,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 unconstitutional1 the remainder of this ,act and the application of that provision to other persons or circumstances shall not be affected4 ,passed the ,house of ,representatives ,september #ag1 #bjbj4;,clerk4