SB 276 — An Act promoting family health and economic security by eliminating discrimination and ensuring reasonable workplace accommodations for workers whose ability to perform the functions of a job are limited by pregnancy, childbirth or a related medical condition; and imposing duties on the Pennsylvania Human Relations Commission.

PRINTER'S NO.   229

                   THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 276
                                               Session of
                                                 2025

     INTRODUCED BY CAPPELLETTI, HUGHES, SAVAL, KEARNEY, COLLETT,
        SCHWANK, HAYWOOD, COMITTA, TARTAGLIONE, COSTA AND KANE,
        FEBRUARY 20, 2025

     REFERRED TO LABOR AND INDUSTRY, FEBRUARY 20, 2025


                                    AN ACT
 1   Promoting family health and economic security by eliminating
 2      discrimination and ensuring reasonable workplace
 3      accommodations for workers whose ability to perform the
 4      functions of a job are limited by pregnancy, childbirth or a
 5      related medical condition; and imposing duties on the
 6      Pennsylvania Human Relations Commission.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9   Section 1.   Short title.
10      This act shall be known and may be cited as the Pregnant
11   Workers Fairness Act.
12   Section 2.   Definitions.
13      The following words and phrases when used in this act shall
14   have the meanings given to them in this section unless the
15   context clearly indicates otherwise:
16      "Commission."   The Pennsylvania Human Relations Commission.
17      "Covered entity."    The Commonwealth, a political subdivision
18   or board, department or commission of the Commonwealth, a school
19   district and a person employing one or more persons within this
 1   Commonwealth.
 2      "Person."     One or more individuals, partnerships,
 3   associations, organizations, corporations, legal
 4   representatives, trustees in bankruptcy or receivers. The term
 5   includes any owner, lessor, assignor, builder, manager, broker,
 6   salesman, agent, employee, independent contractor and lending
 7   institution and the Commonwealth and all political subdivisions,
 8   authorities, boards and commissions thereof.
 9      "Reasonable accommodation."      A modification to the work
10   environment to enable an employee to continue working despite
11   limitations due to pregnancy, childbirth or related medical
12   conditions that do not present an undue hardship on the
13   employer. A reasonable accommodation may include:
14            (1)   Providing a chair, assistance with heavy lifting,
15      access to drinking water or uncompensated break time.
16            (2)   Temporary job restructuring, part-time or modified
17      work schedules, reassignment to a vacant position,
18      acquisition or modification of equipment or devices,
19      appropriate adjustment or modifications of examinations and
20      other similar accommodations.
21   Section 3.     Reasonable accommodations related to pregnancy,
22                  childbirth or related medical conditions.
23      (a)   Unlawful practice.--It shall be an unlawful employment
24   practice for a covered entity to:
25            (1)   Refuse an employee's or prospective employee's
26      request for reasonable accommodations for limitations related
27      to pregnancy, childbirth or related medical conditions,
28      unless the covered entity can demonstrate that the
29      accommodation would impose an undue hardship on the covered
30      entity's operations.

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 1            (2)   Deny employment opportunities to an employee or
 2      prospective employee if the denial is based on the employee's
 3      or prospective employee's need for an accommodation related
 4      to pregnancy, childbirth or related medical conditions.
 5            (3)   Require an employee or prospective employee to
 6      accept an accommodation that changes the terms, privileges or
 7      conditions of the employee or prospective employee's
 8      employment, including reductions in pay or hours or changes
 9      in shifts or location, unless requested or agreed to by the
10      employee or prospective employee.
11            (4)   Require an employee to take leave under any policy
12      of the covered entity or law if other reasonable
13      accommodations can be provided to address the employee's
14      limitations related to pregnancy, childbirth or related
15      medical conditions that would enable the employee to continue
16      working.
17      (b)     Undue hardship.--The covered entity shall have the
18   burden of proving undue hardship under subsection (a)(1). The
19   factors to be considered in determining whether a requested
20   accommodation presents an undue hardship to the covered entity
21   include:
22            (1)   The overall size and nature of the covered entity,
23      its structure, the composition of its workforce and the
24      number and type of facilities.
25            (2)   The extent, nature and cost of the requested
26      reasonable accommodation.
27      (c)     Nondiscrimination.--A person may not discriminate or
28   retaliate against an individual because the individual has
29   opposed any act or practice made unlawful by this act or because
30   the individual made a charge, testified, assisted or

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 1   participated in any manner in an investigation, proceeding or
 2   hearing under this act.
 3   Section 4.      Remedies and enforcement.
 4      A person claiming discrimination in violation of section 3
 5   may take either of the following actions:
 6             (1)   If otherwise permitted by the laws or rules of this
 7      Commonwealth, bring an action for preliminary injunctive
 8      relief in an appropriate court. Any order or relief shall be
 9      granted in accordance with Pa.R.C.P. No. 1531 (relating to
10      Special Relief. Injunctions.).
11             (2)   Make, sign and file with the commission a verified
12      complaint in writing pursuant to the procedures specified in
13      the act of October 27, 1955 (P.L.744, No.222), known as the
14      Pennsylvania Human Relations Act, with all appeals,
15      enforcement mechanisms, judicial review and remedies,
16      including damages and attorney fees, available under that
17      act.
18   Section 5.      Notice.
19      The commission shall develop and publish a written notice
20   regarding employees' rights under this act. Employers shall
21   display the notice in plain view in the workplace.
22   Section 6.      Rulemaking.
23      Not later than two years after the effective date of this
24   section, the commission shall issue regulations in an accessible
25   format to effectuate the policies and provisions of this act.
26   Section 7.      Effective date.
27      This act shall take effect in 60 days.




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