Collapse to view only § 2000gg-4. Waiver of State immunity
- § 2000gg. Definitions
- § 2000gg-1. Nondiscrimination with regard to reasonable accommodations related to pregnancy
- § 2000gg-2. Remedies and enforcement
- § 2000gg-3. Rulemaking
- § 2000gg-4. Waiver of State immunity
- Relationship to other laws
- § 2000gg-6. Severability
§ 2000gg. DefinitionsAs used in this chapter—
(1) the term “Commission” means the Equal Employment Opportunity Commission;
(2) the term “covered entity”—
(A) has the meaning given the term “respondent” in section 2000e(n) of this title; and
(B) includes—
(i) an employer, which means a person engaged in industry affecting commerce who has 15 or more employees as defined in section 2000e(b) of this title;
(ii) an employing office, as defined in section 1301 of title 2 and section 411(c) of title 3;
(iii) an entity employing a State employee described in section 2000e–16c(a) of this title; and
(iv) an entity to which section 2000e–16(a) of this title applies;
(3) the term “employee” means—
(A) an employee (including an applicant), as defined in section 2000e(f) of this title;
(B) a covered employee (including an applicant), as defined in section 1301 of title 2, and an individual described in section 1311(d) of title 2;
(C) a covered employee (including an applicant), as defined in section 411(c) of title 3;
(D) a State employee (including an applicant) described in section 2000e–16c(a) of this title; or
(E) an employee (including an applicant) to which section 2000e–16(a) of this title applies;
(4) the term “known limitation” means physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or employee’s representative has communicated to the employer whether or not such condition meets the definition of disability specified in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102);
(5) the term “person” has the meaning given such term in section 2000e(a) of this title;
(6) the term “qualified employee” means an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position, except that an employee or applicant shall be considered qualified if—
(A) any inability to perform an essential function is for a temporary period;
(B) the essential function could be performed in the near future; and
(C) the inability to perform the essential function can be reasonably accommodated; and
(7) the terms “reasonable accommodation” and “undue hardship” have the meanings given such terms in section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111) and shall be construed as such terms are construed under such Act [42 U.S.C. 12101 et seq.] and as set forth in the regulations required by this chapter, including with regard to the interactive process that will typically be used to determine an appropriate reasonable accommodation.
(Pub. L. 117–328, div. II, § 102, Dec. 29, 2022, 136 Stat. 6084.)
§ 2000gg–1. Nondiscrimination with regard to reasonable accommodations related to pregnancy
It shall be an unlawful employment practice for a covered entity to—
(1) not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity;
(2) require a qualified employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation other than any reasonable accommodation arrived at through the interactive process referred to in section 2000gg(7) of this title;
(3) deny employment opportunities to a qualified employee if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of the qualified employee;
(4) require a qualified employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of the qualified employee; or
(5) take adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee.
(Pub. L. 117–328, div. II, § 103, Dec. 29, 2022, 136 Stat. 6085.)
§ 2000gg–2. Remedies and enforcement
(a) Employees covered by title VII of the Civil Rights Act of 1964
(1) In general
(2) Costs and fees
(3) Damages
(b) Employees covered by Congressional Accountability Act of 1995
(1) In general
(2) Costs and fees
(3) Damages
(c) Employees covered by chapter 5 of title 3
(1) In general
(2) Costs and fees
(3) Damages
(d) Employees covered by Government Employee Rights Act of 1991
(1) In general
(2) Costs and fees
(3) Damages
(e) Employees covered by section 717 of the Civil Rights Act of 1964
(1) In general
(2) Costs and fees
(3) Damages
(f) Prohibition against retaliation
(1) In general
(2) Prohibition against coercion
(3) Remedy
(g) Limitation
(Pub. L. 117–328, div. II, § 104, Dec. 29, 2022, 136 Stat. 6085.)
§ 2000gg–3. Rulemaking
(a) EEOC rulemaking
(b) OCWR rulemaking
(1) In general
(2) Parallel with agency regulations
(Pub. L. 117–328, div. II, § 105, Dec. 29, 2022, 136 Stat. 6088.)
§ 2000gg–4. Waiver of State immunity
A State shall not be immune under the 11th Amendment to the Constitution from an action in a Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.
(Pub. L. 117–328, div. II, § 106, Dec. 29, 2022, 136 Stat. 6089.)
Relationship to other laws
(a) In general
Nothing in this chapter shall be construed—
(1) to invalidate or limit the powers, remedies, and procedures under any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for individuals affected by pregnancy, childbirth, or related medical conditions; or
(2) by regulation or otherwise, to require an employer-sponsored health plan to pay for or cover any particular item, procedure, or treatment or to affect any right or remedy available under any other Federal, State, or local law with respect to any such payment or coverage requirement.
(b) Rule of construction
(Pub. L. 117–328, div. II, § 107, Dec. 29, 2022, 136 Stat. 6089.)
§ 2000gg–6. Severability
If any provision of this chapter or the application of that provision to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this chapter and the application of that provision to other persons or circumstances shall not be affected.
(Pub. L. 117–328, div. II, § 108, Dec. 29, 2022, 136 Stat. 6089.)