1Promoting women's health and economic security by eliminating
2discrimination and ensuring reasonable workplace
3accommodations for workers whose ability to perform the
4functions of a job are limited by pregnancy, childbirth or a
5related medical condition.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Short title.

9This act shall be known and may be cited as the Pennsylvania
10Pregnant Workers Fairness Act.

11Section 2. Definitions.

12The following words and phrases when used in this act shall
13have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Commission." The Pennsylvania Human Relations Commission.

16"Covered entity." The Commonwealth, a political subdivision
17or board, department or commission of the Commonwealth, a school

1district and a person employing one or more persons within this
2Commonwealth.

3"Person." One or more individuals, partnerships,
4associations, organizations, corporations, legal
5representatives, trustees in bankruptcy or receivers. The term
6includes, but is not limited to, any owner, lessor, assignor,
7builder, manager, broker, salesman, agent, employee, independent
8contractor, lending institution and the Commonwealth of
9Pennsylvania; and all political subdivisions, authorities,
10boards and commissions thereof.

11"Reasonable accommodation." A modification to the work
12environment to enable an employee to continue working despite
13limitations due to pregnancy, childbirth or related medical
14conditions that do not present an undue hardship on the
15employer. A reasonable accommodation may include, but is not
16limited to:

17(1) Providing a chair, assistance with heavy lifting,
18access to drinking water or uncompensated break time.

19(2) Temporary job restructuring, part-time or modified
20work schedules, reassignment to a vacant position,
21acquisition or modification of equipment or devices,
22appropriate adjustment or modifications of examinations and
23other similar accommodations.

24Section 3. Reasonable accommodations related to pregnancy,
25childbirth or related medical conditions.

26(a) General rule.--It shall be an unlawful employment
27practice for a covered entity to:

28(1) Refuse an employee's or prospective employee's
29request for reasonable accommodations for limitations related
30to pregnancy, childbirth or related medical conditions,

1unless such covered entity can demonstrate that the
2accommodation would impose an undue hardship on the covered
3entity's operations.

4(2) Deny employment opportunities to an employee or
5prospective employee, if such denial is based on the employee
6or prospective employee's need for an accommodation related
7to pregnancy, childbirth or related medical conditions.

8(3) Require an employee or prospective employee to
9accept an accommodation that changes the terms, privileges,
10or conditions of their employment, including, but not limited
11to, reductions in pay or hours or to changes in shifts or
12location, unless requested or agreed to by the employee or
13prospective employee.

14(4) Require an employee to take leave under any policy
15of the covered entity or law if other reasonable
16accommodations can be provided to address the employee's
17limitations related to pregnancy, childbirth or related
18medical conditions that would enable the employee to continue
19working.

20(b) Undue hardship.--The covered entity shall have the
21burden of proving undue hardship under subsection (a). The
22factors to be considered in determining whether a requested
23accommodation presents an undue hardship to the covered entity
24include, but are not limited to:

25(1) The overall size and nature of the covered entity,
26its structure, the composition of its work force and the
27number and type of facilities.

28(2) The extent, nature and cost of the requested
29reasonable accommodation.

30(c) Nondiscrimination.--No person may discriminate or

1retaliate against an individual because the individual has
2opposed any act or practice made unlawful by this act or because
3the individual made a charge, testified, assisted or
4participated in any manner in an investigation, proceeding or
5hearing under this act.

6Section 4. Remedies and enforcement.

7A person claiming discrimination in violation of section 3
8may:

9(1) if otherwise permitted by the laws or rules of this
10Commonwealth, bring an action for preliminary injunctive
11relief in an appropriate court. Any order or relief shall be
12granted in accordance with Pa.R.C.P. No. 1531 (relating to
13Special Relief. Injunctions.); or

14(2) make, sign and file with the commission a verified
15complaint in writing pursuant to the procedures set forth in
16the act of October 27, 1955 (P.L.744, No.222), known as the
17Pennsylvania Human Relations Act, with all appeals,
18enforcement mechanisms, judicial review and remedies,
19including damages and attorney fees, available under that
20act.

21Section 5. Notice.

22The Commission shall create a written notice regarding
23employees' rights under this act that employers shall display in
24plain view in the workplace.

25Section 6. Rulemaking.

26Not later than two years after the effective date of this
27act, the commission shall issue regulations in an accessible
28format to effectuate the policies and provisions of this act.

29Section 7. Effective date.

30This act shall take effect in 60 days.