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H.R.2694 – 116th Congress (2019-2020): Pregnant Workers Fairness Act

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Introduced in House (05/14/2019)

Pregnant Workers Fairness Act

This bill prohibits employment practices that discriminate against making reasonable accommodations for job applicants or employees affected by pregnancy, childbirth, or related medical conditions. Specifically, the bill declares that it is an unlawful employment practice to (1) fail to make reasonable accommodations to known limitations of such job applicants or employees, unless the accommodation would impose an undue hardship on an entity’s business operation; (2) deny employment opportunities based on the need of the entity to make such reasonable accommodations to an applicant or employee; (3) require such job applicants or employees to accept an accommodation that they do not want, 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.

The bill sets forth enforcement procedures and remedies under various statutes that cover different types of employees in relation to such unlawful employment practices.

The Equal Employment Opportunity Commission must provide examples of reasonable accommodations that shall be provided to affected job applicants or employees unless the employer can demonstrate that doing so would impose an undue hardship.

The bill prohibits state immunity under the Eleventh Amendment to the Constitution from an action for a violation of this bill.

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