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S. 995 (95th): A bill to amend title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy.


The text of the bill below is as of Oct 31, 1978 (Passed Congress).


92 STAT. 2076                     PUBLIC LAW 95-555—OCT. 31, 1978

                  Public Law 95-555                                 J5 H   i';,
                  95th Congress
                                                     An Act
 Oct. 31, 1978    To amend title VII of the Civil Rights Act of 1964 to prohibit sex dlscriminatioB
   [S. 995]                                  on the basis of pregnancy.

                     Be it enacted hy the Senate and House of Representatives of the
Pregnancy, sex    United States of America in Congress assembled, That section 701 of
discrimination,   the Civil Eights Act of 1964 is amended by adding at the end thereof
prohibition.      the following new subsection:
42 u s e 2000e.      "(k) The terms 'because of sex' or 'on the basis of sex' include, but
Definitions       are not limited to, because of or on the basis of pregnancy, childbirth,
                  or related medical conditions; and women affected by pregnancy, child-
                  birth, or related medical conditions shall be treated the same for all
                  employment-related purposes, including receipt of benefits under
                  fringe benefit programs, as other persons not so affected but similar
                  in their ability or inability to work, and nothing in section 703(h)
42 use            of this title shall be interpreted to permit otherwise. This subsection
2000e-2.          shall not require an employer to pay for health insurance benefits for
                  abortion, except where the life of the mother would be endangered if
                  the fetus were carried to term, or except where medical complications
                  have arisen from an abortion: Provided, That nothing herein shall
                  preclude an employer from providing abortion benefits or otherwise
                  affect bargaining agreements in regard to abortion.".
Effective date.      SEC. 2. (a) Except as provided in subsection (b), the amendment
42 u s e 2000e    made by this Act shall be effective on the date of enactment.
note.                (b) The provisions of the amendment made by the first section of
                  this Act shall not apply to any fringe benefit program or fund, or insur-
                  ance program which is in effect on the date of enactment of this Act
                  until 180 days after enactment of this Act.
42 u s e 2000e       SEC. 3. Until the expiration of a period of one year from the date
note.             of enactment of this Act or, if there is an applicable collective-
                  bargaining agreement in effect on the date of enactment of this Act,
                  until the termination of that agreement, no person who, on the date
                  of enactment of this Act is providing either by direct payment or by

PUBLIC LAW 95-555—OCT. 31, 1978 92 STAT. 2077 making contributions to a fringe benefit fund or insurance program, benefits in violation with this Act shall, in order to come into com- pliance with this Act, reduce the benefits or the compensation provided any employee on the date of enactment of this Act, either directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance program: Provided^ That where the costs of such bene- fits on the date of enactment of this Act are apportioned between employers and employees, the payments or contributions required to comply with this Act may be made by employers and employees in the same proportion: And provided further^ That nothing in this sec- tion shall prevent the readjustment of benefits or compensation for reasons unrelated to compliance with this Act. Approved October 31, 1978. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-948 accompanying H.R. 6075 (Comm. on Education and Labor) and No. 95-1786 (Comm. of Conference). SENATE REPORT No. 95-331 (Comm. on Human Resources). CONGRESSIONAL RECORD: Vol. 123 (1977): Sept. 15, 16, considered and passed Senate. Vol. 124 (1978): July 18, H.R. 6075 considered and passed House; proceedings vacated and S. 995, amended, passed in lieu. Oct. 13, Senate agreed to conference report. Oct. 15, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 14, No. 44 (1978): Oct. 31, Presidential statement.