PRINTER'S NO. 1890
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY SMITH, TEPLITZ, WOZNIAK, STACK, WAUGH, FONTANA, COSTA, FARNESE, WILLIAMS, SOLOBAY, YUDICHAK AND BREWSTER, MARCH 31, 2014
REFERRED TO LABOR AND INDUSTRY, MARCH 31, 2014
1Eliminating discrimination and ensuring reasonable workplace
2accommodations for workers whose ability to perform the
3functions of a job are limited by pregnancy, childbirth or a
4related medical condition; establishing a private right of
5action; and imposing duties on the Pennsylvania Human
9Section 1. Short title.
12Section 2. Definitions.
16"Commission." The Pennsylvania Human Relations Commission.
1persons within this Commonwealth.
2"Person." An individual, partnership, association,
3organization, corporation, legal representative, trustee in
4bankruptcy or receiver. The term includes, but is not limited
5to, an owner, lessor, assignor, builder, manager, broker,
6salesman, agent, employee, independent contractor and lending
8"Reasonable accommodation." An accommodation for as long as
9necessary to enable an employee to continue working despite
10limitations due to pregnancy, childbirth or related medical
11conditions that does not present an undue hardship on the
12covered entity. The term may include, but is not limited to:
15(2) Temporary job restructuring, part-time or modified
16work schedule, reassignment to a vacant position, acquisition
17or modification of equipment or device, appropriate
18adjustment or modification of examination and other similar
25(1) (i) Refuse an employee's or prospective employee's
26request for reasonable accommodations unless the covered
27entity demonstrates that the accommodation would impose
28an undue hardship on the covered entity's operations.
14(3) Require an employee or a prospective employee to
15accept a reasonable accommodation that changes the terms,
16privileges or conditions of the employee's or prospective
17employee's employment, including, but not limited to,
18reductions in pay or hours or changes in shifts or location,
19unless requested or agreed to by the employee or prospective
21(4) Require an employee to take leave under any policy
22of the covered entity or law if other reasonable
23accommodations can be provided to address the employee's
24limitations related to pregnancy, childbirth or related
25medical conditions that would enable the employee to continue
27(b) Prohibition against retaliation.--No person shall bar or
28discharge from employment or in any other manner discriminate
29against any employee or prospective employee who has made a
30charge or filed any complaint or instituted or caused to be
1instituted any proceeding under or related to this act,
2including an investigation conducted by the employer, has
3testified or is planning to testify or has assisted or
4participated in any manner in any such investigation,
5proceeding, hearing or action.
6Section 4. Remedies and enforcement.
7(a) Preliminary injunctive relief.--Notwithstanding the
8provisions of the act of October 27, 1955 (P.L.744, No.222),
9known as the Pennsylvania Human Relations Act, a person
10claiming to be aggrieved by an alleged unlawful discriminatory
11practice in violation of section 3 may bring, in an appropriate
12court of this Commonwealth, an action for preliminary injunctive
13relief in accordance with Rule 1531 of the Pennsylvania Rules of
15(b) Complaint with Pennsylvania Human Relations
16Commission.--Either in addition to or in conjunction with
17subsection (a), a person claiming to be aggrieved by an alleged
18unlawful discriminatory practice in violation of section 3 may
19make, sign and file with the commission a verified complaint in
20writing pursuant to the procedures set forth in the Pennsylvania
21Human Relations Act, with all available appeals, enforcement
22mechanisms, judicial review and remedies, including damages and
23attorney fees, available under that act.
24Section 5. Notice.
1Section 6. Rulemaking.
5Section 7. Effective date.
6This act shall take effect in 60 days.