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42 U.S.C. § 2000gg — Definitions
Federal law — U.S. Code and appendices · legal_authorities
As 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e/n&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e/b&num=0&edition=prelim);
(ii) an employing office, as defined in [section 1301 of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1301&num=0&edition=prelim) and [section 411(c) of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section411/c&num=0&edition=prelim);
(iii) an entity employing a State employee described in [section 2000e–16c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16c/a&num=0&edition=prelim); and
(iv) an entity to which [section 2000e–16(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16/a&num=0&edition=prelim) applies;
(3) the term “employee” means—
(A) an employee (including an applicant), as defined in [section 2000e(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e/f&num=0&edition=prelim);
(B) a covered employee (including an applicant), as defined in [section 1301 of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1301&num=0&edition=prelim), and an individual described in [section 1311(d) of tit
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000gg
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Stable record: federal_law:legal_authorities:record_usc_f30adde6e6294620a85453dd
Source file: Laws/federal/codes/united-states-code/title-42/section-2000gg-definitions--6d9c18b545.md
Pages: Not recorded – Not recorded
Passage SHA-256: 515e78d5ecf3fc1aa4cde3405a1cec9ca563c45593dd01da8e6322c7be4b14c6
Source location: Title 42, Chapter 21G, § 2000gg; chapter-21g-pregnant-worker-fairness.md
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As 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e/n&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e/b&num=0&edition=prelim);
(ii) an employing office, as defined in [section 1301 of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1301&num=0&edition=prelim) and [section 411(c) of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section411/c&num=0&edition=prelim);
(iii) an entity employing a State employee described in [section 2000e–16c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16c/a&num=0&edition=prelim); and
(iv) an entity to which [section 2000e–16(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16/a&num=0&edition=prelim) applies;
(3) the term “employee” means—
(A) an employee (including an applicant), as defined in [section 2000e(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e/f&num=0&edition=prelim);
(B) a covered employee (including an applicant), as defined in [section 1301 of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1301&num=0&edition=prelim), and an individual described in [section 1311(d) of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311/d&num=0&edition=prelim);
(C) a covered employee (including an applicant), as defined in [section 411(c) of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section411/c&num=0&edition=prelim);
(D) a State employee (including an applicant) described in [section 2000e–16c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16c/a&num=0&edition=prelim); or
(E) an employee (including an applicant) to which [section 2000e–16(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12102&num=0&edition=prelim));
(5) the term “person” has the meaning given such term in [section 2000e(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e/a&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12111&num=0&edition=prelim)) and shall be construed as such terms are construed under such Act [[42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;
(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;
(3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;
(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;
(5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;
(6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferio
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12111
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as otherwise specifically provided in this chapter, as used in this chapter:
(1) **Board** — The term “Board” means the Board of Directors of the Office of Congressional Workplace Rights.
(2) **Chair** — The term “Chair” means the Chair of the Board of Directors of the Office of Congressional Workplace Rights.
(3) **Covered employee** — The term “covered employee” means any employee of—
(A) the House of Representatives;
(B) the Senate;
(C) the Office of Congressional Accessibility Services;
(D) the Capitol Police;
(E) the Congressional Budget Office;
(F) the Office of the Architect of the Capitol;
(G) the Office of the Attending Physician;
(H) the Office of Congressional Workplace Rights;
(I) the Office of Technology Assessment;
(J) the Library of Congress, except for [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351&num=0&edition=prelim); or
(K) the John C. Stennis Center for Public Service Training and Development.
(4) **Employee** — The term “employee” includes an applicant for employment and a former employee.
(5) **Employee of the Office of the Architect of the Capitol** — The term “employee of the Office of the Architect of the Capitol” includes any employee of the Office of the Architect of the Capitol or the Botanic Garden.
(6) **Employee of the Capitol Police** — The term “employee of the Capitol Police” includes any member or officer of the Capitol Police.
(7) **Employee of the House of Representatives** — The term “employee of the House of Representatives” includes an individual occupying a position the pay for which is disbursed by the Chief Administrative Officer of the House of Representatives, or another official designated by the H
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.
**(b) Certain conditions** Under this chapter, the term “disability” shall not include—
(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current illegal use of drugs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12101
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000gg/7&num=0&edition=prelim);
(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000gg–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Employees covered by title VII of the Civil Rights Act of 1964**
(1) **In general** — The powers, remedies, and procedures provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 ([42 U.S.C. 2000e–4](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-4&num=0&edition=prelim) et seq.) [[42 U.S.C. 2000e–4](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-4&num=0&edition=prelim), 2000e–5, 2000e–6, 2000e–8, 2000e–9, and 2000e–10] to the Commission, the Attorney General, or any person alleging a violation of title VII of such Act ([42 U.S.C. 2000e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim) et seq.) shall be the powers, remedies, and procedures this chapter provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation of this chapter against an employee described in [section 2000gg(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000gg/3/A&num=0&edition=prelim) except as provided in paragraphs (2) and (3) of this subsection.
(2) **Costs and fees** — The powers, remedies, and procedures provided in subsections (b) and (c) of [section 1988 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1988&num=0&edition=prelim) shall be the powers, remedies, and procedures this chapter provides to the Commission, the Attorney General, or any person alleging such practice.
(3) **Damages** — The powers, remedies, and procedures provided in [section 1981a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1981a&num=0&edition=prelim), i
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000gg–2
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Federal law — U.S. Code and appendices · legal_authorities
**(a) EEOC rulemaking** Not later than 1 year after December 29, 2022, the Commission shall issue regulations in an accessible format in accordance with subchapter II of chapter 5 of title 5 to carry out this chapter. Such regulations shall provide examples of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions.
**(b) OCWR rulemaking**
(1) **In general** — Not later than 6 months after the Commission issues regulations under subsection (a), the Board (as defined in [section 1301 of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1301&num=0&edition=prelim)) shall (in accordance with [section 1384 of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition=prelim)), issue regulations to implement the provisions of this chapter made applicable to employees described in [section 2000gg(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000gg/3/B&num=0&edition=prelim), under [section 2000gg–2(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000gg–2/b&num=0&edition=prelim).
(2) **Parallel with agency regulations** — The regulations issued under paragraph (1) shall be the same as substantive regulations issued by the Commission under subsection (a) except to the extent that the Board may determine, for good cause shown and stated together with the regulations issued under paragraph (1) that a modification of such substantive regulations would be more effective for the implementation of the rights and protection under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000gg–3
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000gg–4
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Federal law — U.S. Code and appendices · legal_authorities
**(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** This chapter is subject to the applicability to religious employment set forth in [section 2000e–1(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–1/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000gg–5
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000gg–6
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