- (A) has the meaning given the term “respondent” in section 2000e(n) of this title [section 701(n) of the Civil Rights Act of 1964]; 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 [section 701(b) of the Civil Rights Act of 1964];
- (ii) an employing office, as defined in section 1301 of Title 2 [section 101 of the Congressional Accountability Act of 1995] and section 411(c) of title 3 [United States Code];
- (iii) an entity employing a State employee described in section2000e-16c(a) of this title [section 304(a) of the Government Employee Rights Act of 1991]; and
- (iv) an entity to which section 2000e-16(a) of this title applies [section 717(a) of the Civil Rights Act of 1964];
- (A) an employee (including an applicant), as defined in section 2000e(f) of this title [section 701(f) of the Civil Rights Act of 1964];
- (B) a covered employee (including an applicant), as defined in section 1301 of Title 2 [section 101 of the Congressional Accountability Act of 1995], and an individual described in section 1311(d) of Title 2 [section 201(d) of the Congressional Accountability Act of 1995];
- (C) a covered employee (including an applicant), as defined in section 411(c) of Title 3 [United States Code];
- (D) a State employee (including an applicant) described in section 2000e-16c(a) of this title [section 304(a) of the Government Employee Rights Act of 1991]; or
- (E) an employee (including an applicant) to which section 2000e-16(a) of this title [section 717(a) of the Civil Rights Act of 1964]applies;
- (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
NONDISCRIMINATION WITH REGARD TO REASONABLE ACCOMMODATIONS RELATED TO PREGNANCY
SEC. 2000gg-1. [Section 103]
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 [section 102(7)];
- (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.
REMEDIES AND ENFORCEMENT
SEC.2000gg-2. [Section 104]
-
(a) Employees covered by Title VII of the Civil Rights Act of 1964
-
(1) In general
