PRINTER'S NO. 225
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
40
Session of
2015
INTRODUCED BY SMITH, BLAKE, WOZNIAK, TEPLITZ, BREWSTER, FONTANA,
HUGHES, YUDICHAK, COSTA AND FARNESE, JANUARY 27, 2015
REFERRED TO LABOR AND INDUSTRY, JANUARY 27, 2015
AN ACT
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; establishing a private right of
action; and imposing duties on the Pennsylvania Human
Relations Commission.
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 Pennsylvania
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." Includes the Commonwealth or any political
subdivision or authority, board, department, commission or
school district thereof and any person employing four or more
persons within this Commonwealth.
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"Person." An individual, partnership, association,
organization, corporation, legal representative, trustee in
bankruptcy or receiver. The term includes, but is not limited
to, an owner, lessor, assignor, builder, manager, broker,
salesman, agent, employee, independent contractor and lending
institution.
"Reasonable accommodation." An accommodation for as long as
necessary to enable an employee to continue working despite
limitations due to pregnancy, childbirth or related medical
conditions that does not present an undue hardship on the
covered entity. The term may include, but is not limited to:
(1) Providing a chair, assistance with heavy lifting,
access to water for drinking or uncompensated break time.
(2) Temporary job restructuring, part-time or modified
work schedule, reassignment to a vacant position, acquisition
or modification of equipment or device, appropriate
adjustment or modification of examination and other similar
accommodation.
Section 3. Nondiscrimination with regard to 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) (i) Refuse an employee's or prospective employee's
request for reasonable accommodations unless the covered
entity demonstrates that the accommodation would impose
an undue hardship on the covered entity's operations.
(ii) The covered entity shall have the burden of
proving undue hardship.
(iii) The factors to be considered in determining
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whether a requested reasonable accommodation presents an
undue hardship to the covered entity include, but are not
limited to, the following:
(A) The overall size and nature of the covered
entity, its structure, the composition of its
workforce and the number and type of facilities.
(B) The extent, nature and cost of the requested
reasonable accommodation.
(2) Deny employment opportunities to an employee or
prospective employee, if such denial is based on the
employee's or prospective employee's need for a reasonable
accommodation.
(3) Require an employee or a prospective employee to
accept a reasonable accommodation that changes the terms,
privileges or conditions of the employee's or prospective
employee's employment, including, but not limited to,
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) Prohibition against retaliation.--No person shall bar or
discharge from employment or in any other manner discriminate
against any employee or prospective employee who has made a
charge or filed any complaint or instituted or caused to be
instituted any proceeding under or related to this act,
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including an investigation conducted by the employer, has
testified or is planning to testify or has assisted or
participated in any manner in any such investigation,
proceeding, hearing or action.
Section 4. Remedies and enforcement.
(a) Preliminary injunctive relief.--Notwithstanding the
provisions of the act of October 27, 1955 (P.L.744, No.222),
known as the Pennsylvania Human Relations Act, a person claiming
to be aggrieved by an alleged unlawful discriminatory practice
in violation of section 3 may bring, in an appropriate court of
this Commonwealth, an action for preliminary injunctive relief
in accordance with Pa.R.C.P. No. 1531 (relating to special
relief. Injunctions).
(b) Complaint with Pennsylvania Human Relations
Commission.--Either in addition to or in conjunction with
subsection (a), a person claiming to be aggrieved by an alleged
unlawful discriminatory practice in violation of section 3 may
make, sign and file with the commission a verified complaint in
writing pursuant to the procedures set forth in the Pennsylvania
Human Relations Act, with all available appeals, enforcement
mechanisms, judicial review and remedies, including damages and
attorney fees, available under that act.
Section 5. Notice.
(a) Duty of commission to develop.--The commission shall
develop a written fair practice notice regarding employees'
rights under this act.
(b) Duty of covered entities to display.--A covered entity
shall display the written fair practice notice developed under
this section in plain view in the workplace.
Section 6. Rulemaking.
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Not later than one year after the effective date of this
section the commission shall promulgate regulations to
administer this act.
Section 7. Effective date.
This act shall take effect in 60 days.
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