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HR 2694 - Pregnant Workers Fairness Act - National Key Vote

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Title: Pregnant Workers Fairness Act

Vote Smart's Synopsis:

Vote to pass a bill that prohibits workplace discrimination against pregnant individuals.

Highlights:

 

  • Prohibits an employment practice for a covered employer from (Sec. 2):

    • Not making reasonable accommodations to the known limitations related to pregnancy, childbirth, or related medical conditions of a qualified employee, unless such entity can demonstrate that the accommodation would impose an undue hardship on business operations of such covered entity;

    • Requiring a qualified employee affected by a pregnancy, childbirth, or related medical conditions to accept an accommodation other than any reasonable accommodation;

    • Denying employment opportunities to a qualified employee if such denial is based on the need of the covered employer to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee;

    • Requiring a qualified employee to take leave if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee; or 

    • Taking adverse action in terms, conditions, or privileges of employment against a qualified employee due to the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions.

  • Requires the Equal Employment Opportunity Commission (EEOC) to issue regulations to carry out this bill that include examples of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions (Sec. 4).

  • Specifies this bill has the same powers, remedies, and procedures that the Civil Rights Act has to enforce its policies (Sec. 3).

  • Specifies that a covered employer includes an employer who has 15 or more employees  (Sec. 5).

  • Defines “known limitation” as physical or mental conditions related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee has communicated to the employer (Sec. 5).

  • Defines “qualified employee” as an employee or applicant who can perform the essential functions of the employment position, but further specifies that an employee or applicant must be considered if (Sec. 5):

    • Any inability to perform an essential job function is for a temporary period;

    • The essential function could be performed in the near future; and

    • The inability to perform the essential job function can be reasonably accommodated.

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