Vote Smart's Synopsis:

Vote to pass a bill that prohibits workplace discrimination on the basis of pregnancy.

Highlights:

• Prohibits an employer from failing or refusing to hire, discharge, or otherwise discriminate against any individual with respect to their compensation, terms, conditions, or privileges of employment on the basis of pregnancy, childbirth, or related medical conditions (Sec. 1).

• Prohibits an employer from refusing to make reasonable accommodation to the known limitations of a person related to pregnancy, childbirth, or related medical conditions unless the employer can demonstrate that the accommodation would impose an undue hardship on the employer (Sec. 1).

• Specifies that in determining whether an accommodation would constitute an undue hardship on the employer, the following should be considered (Sec. 1):

• Hardship on the conduct of the employer’s business, considering the nature of the employer’s operation, including compensation and structure of the employer’s workforce; 

• The size of the facility; and

• The nature and cost of the accommodations needed. 

• Prohibits an employer from taking adverse action against an employee who requests or uses reasonable accommodation (Sec. 1).

• Requires an employer to post information concerning the following in a conspicuous location and include in any employee handbook, such as (Sec. 1):

• The prohibition against unlawful discrimination on the basis of pregnancy, childbirth, or related medical conditions; and

• An employee’s rights to reasonable accommodation for known limitations related to pregnancy, childbirth, or related medical conditions. 

• Authorizes the court to award compensatory damages, back pay, and other equitable relief to the plaintiff if the court finds that an unlawful denial of these rights has occurred (Sec. 1).

• Defines “employer” as any person employing 5 or more employees for each working day in 20 or more calendar weeks in the current or preceding calendar year (Sec. 1).

• Specifies “reasonable accommodation” includes more frequent or longer bathroom breaks, breaks to express breast milk, access to a private location other than a bathroom for the expression of breast milk, acquisition or modification of employee seating, a temporary transfer to a less strenuous or hazardous position, assistance with manual labor, job restructuring, a modified work schedule, light-duty assignments, and leave to recover from childbirth (Sec. 1).

Full Bill Text