42 U.S.C. § 2000gg | Definitions

As used in this chapter—

(1)

the term “Commission” means the Equal Employment Opportunity Commission;

(2)

the term “covered entity”—

(A)

section 2000e(n) of this title has the meaning given the term “respondent” in ; and

(B)

includes—

(i)

section 2000e(b) of this title an employer, which means a person engaged in industry affecting commerce who has 15 or more employees as defined in ;

(ii)

section 1301 of title 2 section 411(c) of title 3 an employing office, as defined in and ;

(iii)

section 2000e–16c(a) of this title an entity employing a State employee described in ; and

(iv)

section 2000e–16(a) of this title an entity to which applies;

(3)

the term “employee” means—

(A)

section 2000e(f) of this title an employee (including an applicant), as defined in ;

(B)

section 1301 of title 2 section 1311(d) of title 2 a covered employee (including an applicant), as defined in , and an individual described in ;

(C)

section 411(c) of title 3 a covered employee (including an applicant), as defined in ;

(D)

section 2000e–16c(a) of this title a State employee (including an applicant) described in ; or

(E)

section 2000e–16(a) of this title an employee (including an applicant) to which applies;

(4)

42 U.S.C. 12102 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 ();

(5)

section 2000e(a) of this title the term “person” has the meaning given such term in ;

(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)

42 U.S.C. 12111 42 U.S.C. 12101 the terms “reasonable accommodation” and “undue hardship” have the meanings given such terms in section 101 of the Americans with Disabilities Act of 1990 () and shall be construed as such terms are construed under such Act [ 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, § 102Dec. 29, 2022136 Stat. 6084(, , .)

Editorial Notes

References in Text

Pub. L. 101–336July 26, 1990104 Stat. 327 section 12101 of this titleSuch Act, referred to in par. (7), means the Americans with Disabilities Act of 1990, , , , which is classified principally to chapter 126 (§ 12101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 117–328, div. II, § 109Dec. 29, 2022136 Stat. 6089

Dec. 29, 2022“This division [enacting this chapter and provisions set out as a note under this section] shall take effect on the date that is 180 days after the date of enactment of this Act [].”

, , , provided that:

Short Title

Pub. L. 117–328, div. II, § 101Dec. 29, 2022136 Stat. 6084

“This division [enacting this chapter and provisions set out as a note under this section] may be cited as the ‘Pregnant Workers Fairness Act’.”

, , , provided that: