PRINTER'S NO. 813
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
716
Session of
2021
INTRODUCED BY CAPPELLETTI, FONTANA, HUGHES, SANTARSIERO, MUTH,
SCHWANK, COMITTA, COSTA, STREET, COLLETT AND KANE,
MAY 25, 2021
REFERRED TO LABOR AND INDUSTRY, MAY 25, 2021
AN ACT
Promoting family health and economic security by eliminating
discrimination and ensuring reasonable workplace
accommodations for workers whose ability to perform the
functions of a job are limited by pregnancy, childbirth or a
related medical condition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Pregnant
Workers Fairness Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commission." The Pennsylvania Human Relations Commission.
"Covered entity." The Commonwealth, a political subdivision
or board, department or commission of the Commonwealth, a school
district and a person employing one or more persons within this
Commonwealth.
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"Person." One or more individuals, partnerships,
associations, organizations, corporations, legal
representatives, trustees in bankruptcy or receivers. The term
includes any owner, lessor, assignor, builder, manager, broker,
salesman, agent, employee, independent contractor, lending
institution and the Commonwealth of Pennsylvania and all
political subdivisions, authorities, boards and commissions
thereof.
"Reasonable accommodation." A modification to the work
environment to enable an employee to continue working despite
limitations due to pregnancy, childbirth or related medical
conditions that do not present an undue hardship on the
employer. A reasonable accommodation may include:
(1) Providing a chair, assistance with heavy lifting,
access to drinking water or uncompensated break time.
(2) Temporary job restructuring, part-time or modified
work schedules, reassignment to a vacant position,
acquisition or modification of equipment or devices,
appropriate adjustment or modifications of examinations and
other similar accommodations.
Section 3. Reasonable accommodations related to pregnancy,
childbirth or related medical conditions.
(a) General rule.--It shall be an unlawful employment
practice for a covered entity to:
(1) Refuse an employee's or prospective employee's
request for reasonable accommodations for limitations related
to pregnancy, childbirth or related medical conditions,
unless the covered entity can demonstrate that the
accommodation would impose an undue hardship on the covered
entity's operations.
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(2) Deny employment opportunities to an employee or
prospective employee if the denial is based on the employee's
or prospective employee's need for an accommodation related
to pregnancy, childbirth or related medical conditions.
(3) Require an employee or prospective employee to
accept an accommodation that changes the terms, privileges or
conditions of their employment, including reductions in pay
or hours or changes in shifts or location, unless requested
or agreed to by the employee or prospective employee.
(4) Require an employee to take leave under any policy
of the covered entity or law if other reasonable
accommodations can be provided to address the employee's
limitations related to pregnancy, childbirth or related
medical conditions that would enable the employee to continue
working.
(b) Undue hardship.--The covered entity shall have the
burden of proving undue hardship under subsection (a). The
factors to be considered in determining whether a requested
accommodation presents an undue hardship to the covered entity
include:
(1) The overall size and nature of the covered entity,
its structure, the composition of its workforce and the
number and type of facilities.
(2) The extent, nature and cost of the requested
reasonable accommodation.
(c) Nondiscrimination.--No person may discriminate or
retaliate against an individual because the individual has
opposed any act or practice made unlawful by this act or because
the individual made a charge, testified, assisted or
participated in any manner in an investigation, proceeding or
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hearing under this act.
Section 4. Remedies and enforcement.
A person claiming discrimination in violation of section 3
may take either of the following actions:
(1) If otherwise permitted by the laws or rules of this
Commonwealth, bring an action for preliminary injunctive
relief in an appropriate court. Any order or relief shall be
granted in accordance with Pa.R.C.P. No. 1531 (relating to
Special Relief. Injunctions.).
(2) Make, sign and file with the commission a verified
complaint in writing pursuant to the procedures specified in
the act of October 27, 1955 (P.L.744, No.222), known as the
Pennsylvania Human Relations Act, with all appeals,
enforcement mechanisms, judicial review and remedies,
including damages and attorney fees, available under that
act.
Section 5. Notice.
The commission shall develop and publish a written notice
regarding employees' rights under this act. Employers shall
display the notice in plain view in the workplace.
Section 6. Rulemaking.
Not later than two years after the effective date of this
section, the commission shall issue regulations in an accessible
format to effectuate the policies and provisions of this act.
Section 7. Effective date.
This act shall take effect in 60 days.
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