§2000gg–1 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Makes it illegal for covered entities to refuse reasonable workplace changes for a qualified employee who has known limits from pregnancy, childbirth, or related medical conditions, unless the employer can show the change would cause undue hardship. Employers also must not force an employee to accept a different accommodation than the one agreed to after a give-and-take discussion, deny a job or promotion because making accommodations would be needed, force the employee to take leave if another reasonable option exists, or punish an employee for asking for or using a reasonable accommodation.

Title 42, §2000gg–1

The Public Health and Welfare — Source: USLM XML via OLRC

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.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after Dec. 29, 2022, see section 109 of div. II of Pub. L. 117–328, set out as a note under section 2000gg of this title.

§2000gg–1 Nondiscrimination with regard to reasonable accommodations related to pregnancy

Summary

Title 42, §2000gg–1

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata