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
6Relations Commission.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Short title.

10This act shall be known and may be cited as the Pennsylvania
11Pregnant Workers Fairness Act.

12Section 2. Definitions.

13The following words and phrases when used in this act shall
14have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16"Commission." The Pennsylvania Human Relations Commission.

17"Covered entity." Includes the Commonwealth or any political
18subdivision or authority, board, department, commission or
19school district thereof and any person employing four or more

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
7institution.

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:

13(1) Providing a chair, assistance with heavy lifting,
14access to water for drinking or uncompensated break time.

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
19accommodation.

20Section 3. Nondiscrimination with regard to reasonable
21accommodations related to pregnancy, childbirth or
22related medical conditions.

23(a) General rule.--It shall be an unlawful employment
24practice for a covered entity to:

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.

29(ii) The covered entity shall have the burden of
30proving undue hardship.

1(iii) The factors to be considered in determining
2whether a requested reasonable accommodation presents an
3undue hardship to the covered entity include, but are not
4limited to, the following:

5(A) The overall size and nature of the covered
6entity, its structure, the composition of its
7workforce and the number and type of facilities.

8(B) The extent, nature and cost of the requested
9reasonable accommodation.

10(2) Deny employment opportunities to an employee or
11prospective employee, if such denial is based on the
12employee's or prospective employee's need for a reasonable
13accommodation.

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
20employee.

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
26working.

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
14Civil Procedure.

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.

25(a) Duty of commission to develop.--The commission shall
26develop a written fair practice notice regarding employees'
27rights under this act.

28(b) Duty of covered entities to display.--A covered entity
29shall display the written fair practice notice developed under
30this section in plain view in the workplace.

1Section 6. Rulemaking.

2Not later than one year after the effective date of this
3section the commission shall promulgate regulations to
4administer this act.

5Section 7. Effective date.

6This act shall take effect in 60 days.