text: 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, if such accommodation is unnecessary to enable the 
          applicant or employee to perform her job;
              (4) require an 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 an employee; or
              (5) take adverse action in terms, conditions, or privileges 
          of employment against an 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, 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 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).
              (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 Act 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 Act 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 Act provides to that 
          Board, or any person, 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).
              (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 Act 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 Act 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 
          Act provides to the President, the Commission, such 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).
              (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 Act 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 Act 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 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).
              (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 Act 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 Act 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 
          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 or applicant described in section 5(3)(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 Act 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 Act 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.--
              (1) In general.--No person shall discriminate against any 
          individual because such individual has opposed any act or 
          practice made unlawful by this Act or because such individual 
          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.
  
  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 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 (42 U.S.C. 2000e-
                          16c(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 (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)); 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, 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 of the United States 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 the requirements of this Act, 
  remedies 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 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.
target: Pregnant Workers Fairness Act  Declares that it is an unlawful employment practice for employers, employment agencies, labor organizations, and other specified entities to: (1) fail to make reasonable accommodations to known limitations related to the pregnancy, childbirth, or related medical conditions of job applicants or employees, unless the accommodation would impose an undue hardship on such an entity's business operation; (2) deny employment opportunities based on the need of the entity to make such reasonable accommodations; (3) require such job applicants or employees to accept an accommodation that they choose not to accept, if such accommodation is unnecessary to perform the job; (4) require such employees to take paid or unpaid leave if another reasonable accommodation can be provided to their known limitations; or (5) take adverse action in terms, conditions, or privileges of employment against an employee requesting or using such reasonable accommodations. Sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, the Congressional Accountability Act of 1995, the Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices. Directs the Equal Employment Opportunity Commission to issue regulations to carry out this Act, including the identification of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions. Prohibits state immunity under the Eleventh Amendment to the Constitution from an action for a violation of this Act. 
feat_title: Pregnant Workers Fairness Act