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92 STAT. 2076

PUBLIC LAW 95-555—OCT. 31, 1978

Public Law 95-555
95th Congress

J5 H


An Act
Oct. 31, 1978
[S. 995]
Pregnancy, sex
42 u s e 2000e.

42 use

Effective date.
42 u s e 2000e

42 u s e 2000e

To amend title VII of the Civil Rights Act of 1964 to prohibit sex dlscriminatioB
on the basis of pregnancy.

Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled, That section 701 of
the Civil Eights Act of 1964 is amended by adding at the end thereof
the following new subsection:
"(k) The terms 'because of sex' or 'on the basis of sex' include, but
are not limited to, because of or on the basis of pregnancy, childbirth,
or related medical conditions; and women affected by pregnancy, childbirth, 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)
of this title shall be interpreted to permit otherwise. This subsection
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.".
SEC. 2. (a) Except as provided in subsection (b), the amendment
made by this Act shall be effective on the date of enactment.
(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 insurance program which is in effect on the date of enactment of this Act
until 180 days after enactment of this Act.
SEC. 3. Until the expiration of a period of one year from the date
of enactment of this Act or, if there is an applicable collectivebargaining 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
making contributions to a fringe benefit fund or insurance program,
benefits in violation with this Act shall, in order to come into compliance 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 benefits 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 section shall prevent the readjustment of benefits or compensation for
reasons unrelated to compliance with this Act.
Approved October 31, 1978.

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).
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.
Vol. 14, No. 44 (1978): Oct. 31, Presidential statement.

92 STAT. 2077