,,ii ,calendar ,no4 #dbe #aagth         
,,congress  #b;d ,session  ,s4 #ddca    
,,in ,,the ,,senate ,,of ,,the ,,united 
,,states  ,june #af1 #bjbb,mr4 ,casey   
7for himself1 ,mr4 ,cassidy1 ,mrs4      
,murray1 and ,mr4 ,burr7 introduced the 
following bill2 which was read the first
 time  ,june #ba1 #bjbb,read the second 
time and placed on the calendar  ,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 ,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 #acja71 and 
an individual described in section      
#bja7;d7 of that ,act 7#b ,u4,s4,c4     
#acaa7;d772  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   
#c4 ,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 #b7g72  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 the      
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 the 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  #d4
 ,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 #b7c77;,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         
,statutes 7#db ,u4,s4,c4                
#aiha;a7a77#a7774  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 for  
the purposes of addressing allegations  

of violations 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 address
 an allegation of an unlawful employment
 practice in violation of this ,act     
against an employee described in section
 #b7c77;,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 for the purposes  
of addressing allegations of such a     
violation shall be the powers1 remedies1
 and procedures this ,act provides to   
address allegations of 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 for   
purposes of addressing allegations of   

such a violation1 shall be the powers1  
remedies1 and procedures this ,act      
provides to address any allegation of   
such practice 7not an employment        
practice specifically excluded from     
coverage under section #aigg;,a7a77#a7  
of the ,revised ,statutes 7#db ,u4,s4,c4
 #aiha;a7a77#a7774  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 #b7c77;,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         
,statutes 7#db ,u4,s4,c4                
#aiha;a7a77#a7774  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           
#b7c77;,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         
,statutes 7#db ,u4,s4,c4                
#aiha;a7a77#a7774  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           
#b7c77;,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         
,statutes 7#db ,u4,s4,c4                
#aiha;a7a77#a7774  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  #e4 ,rulemaking  7a7   
,,eeoc ,rulemaking ,not later than #a   
year 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  7b7 ,,ocwr ,rulemaking     
7#a7 ,in general ,not later than #f     
months after the ,commission issues     
regulations under subsection 7a71 the   
,board 7as defined in section #aja of   
the ,congressional ,accountability ,act 
of #aiie 7#b ,u4,s4,c4 #acja77 shall 7in
 accordance with section #cjd of the    
,congressional ,accountability ,act of  
#aiie 7#b ,u4,s4,c4 #achd771 issue      
regulations to implement the provisions 
of this ,act made applicable to         

employees described in section          
#b7c77;,b71 under section #d7;b74  7#b7 
,parallel with agency regulations ,the  
regulations issued under paragraph 7#a7 
shall be the same as substantive        
regulations issued by the ,commission   
under subsection 7a7 except to the      
extent that the ,board may determine1   
for good cause shown and stated together
 with the regulations issued under      
paragraph 7#a7 that a modification of   
such substantive regulations would be   
more effective for the implementation of
 the rights and protection under this   
,act4  #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-- 7#a7 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          
conditions2 or  7#b7 by regulation or   
otherwise1 to require an                
employer-sponsored health plan to pay   
for or cover any particular item1       
procedure1 or treatment or to affect any
 right or remedy available under any    
other ,federal1 ,state1 or local law    
with respect to any such payment or     
coverage requirement4  #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    
#i4 ,effective date ,this ,act shall    
take effect on the date that is #ahj    
days after the date of enactment of this
 ,act4  ,june #ba1 #bjbb,read the second
 time and placed on the calendar