II 

Calendar No. 425 

117TH CONGRESS 

2D SESSION S. 4431 

To eliminate discrimination and promote women’s health and economic security by ensuring reasonable workplace accommodations for workers whose 

ability to perform the functions of a job are limited by pregnancy, 

childbirth, or a related medical condition. 

IN THE SENATE OF THE UNITED STATES 

JUNE 16, 2022 

Mr. CASEY (for himself, Mr. CASSIDY, Mrs. MURRAY, and Mr. BURR) 

introduced the following bill; which was read the first time 

JUNE 21, 2022 

Read the second time and placed on the calendar 

A BILL 

To eliminate discrimination and promote women’s health and 

economic security by ensuring reasonable workplace accommodations for workers whose ability to perform the 

functions of a job are limited by pregnancy, childbirth, 

or a related medical condition. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Pregnant Workers 

3 Fairness Act’’. 

4 SEC. 2. DEFINITIONS. 

5 As used in this Act— 

6 (1) the term ‘‘Commission’’ means the Equal 

7 Employment Opportunity Commission; 

8 (2) the term ‘‘covered entity’’— 

9 (A) has the meaning given the term ‘‘re10 spondent’’ in section 701(n) of the Civil Rights 

11 Act of 1964 (42 U.S.C. 2000e(n)); and 

12 (B) includes— 

13 (i) an employer, which means a per14 son engaged in industry affecting com15 merce who has 15 or more employees as 

16 defined in section 701(b) of title VII of the 

17 Civil Rights Act of 1964 (42 U.S.C. 

18 2000e(b)); 

19 (ii) an employing office, as defined in 

20 section 101 of the Congressional Account21 ability Act of 1995 (2 U.S.C. 1301) and 

22 section 411(c) of title 3, United States 

23 Code; 

24 (iii) an entity employing a State em25 ployee described in section 304(a) of the 


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1 Government Employee Rights Act of 1991 

2 (42 U.S.C. 2000e–16c(a)); and 

3 (iv) an entity to which section 717(a) 

4 of the Civil Rights Act of 1964 (42 U.S.C. 

5 2000e–16(a)) applies; 

6 (3) the term ‘‘employee’’ means— 

7 (A) an employee (including an applicant), 

8 as defined in section 701(f) of the Civil Rights 

9 Act of 1964 (42 U.S.C. 2000e(f)); 

10 (B) a covered employee (including an ap11 plicant), as defined in section 101 of the Con12 gressional Accountability Act of 1995 (2 U.S.C. 

13 1301), and an individual described in section 

14 201(d) of that Act (2 U.S.C. 1311(d)); 

15 (C) a covered employee (including an appli16 cant), as defined in section 411(c) of title 3, 

17 United States Code; 

18 (D) a State employee (including an appli19 cant) described in section 304(a) of the Govern20 ment Employee Rights Act of 1991 (42 U.S.C. 

21 2000e–16c(a)); or 

22 (E) an employee (including an applicant) 

23 to which section 717(a) of the Civil Rights Act 

24 of 1964 (42 U.S.C. 2000e–16(a)) applies; 


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1 (4) the term ‘‘person’’ has the meaning given 

2 such term in section 701(a) of the Civil Rights Act 

3 of 1964 (42 U.S.C. 2000e(a)); 

4 (5) the term ‘‘known limitation’’ means physical 

5 or mental condition related to, affected by, or arising 

6 out of pregnancy, childbirth, or related medical con7 ditions that the employee or employee’s representa8 tive has communicated to the employer whether or 

9 not such condition meets the definition of disability 

10 specified in section 3 of the Americans with Disabil11 ities Act of 1990 (42 U.S.C. 12102); 

12 (6) the term ‘‘qualified employee’’ means an 

13 employee or applicant who, with or without reason14 able accommodation, can perform the essential func15 tions of the employment position, except that an em16 ployee or applicant shall be considered qualified if— 

17 (A) any inability to perform an essential 

18 function is for a temporary period; 

19 (B) the essential function could be per20 formed in the near future; and 

21 (C) the inability to perform the essential 

22 function can be reasonably accommodated; and 

23 (7) the terms ‘‘reasonable accommodation’’ and 

24 ‘‘undue hardship’’ have the meanings given such 

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1 ities Act of 1990 (42 U.S.C. 12111) and shall be 

2 construed as such terms are construed under such 

3 Act and as set forth in the regulations required by 

4 this Act, including with regard to the interactive 

5 process that will typically be used to determine an 

6 appropriate reasonable accommodation. 

7 SEC. 3. NONDISCRIMINATION WITH REGARD TO REASON8 ABLE ACCOMMODATIONS RELATED TO PREG9 NANCY. 

10 It shall be an unlawful employment practice for a cov11 ered entity to— 

12 (1) not make reasonable accommodations to the 

13 known limitations related to the pregnancy, child14 birth, or related medical conditions of a qualified 

15 employee, unless such covered entity can dem16 onstrate that the accommodation would impose an 

17 undue hardship on the operation of the business of 

18 such covered entity; 

19 (2) require a qualified employee affected by 

20 pregnancy, childbirth, or related medical conditions 

21 to accept an accommodation other than any reason22 able accommodation arrived at through the inter23 active process referred to in section 2(7); 

24 (3) deny employment opportunities to a quali25 fied employee if such denial is based on the need of 


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1 the covered entity to make reasonable accommoda2 tions to the known limitations related to the preg3 nancy, childbirth, or related medical conditions of 

4 the qualified employee; 

5 (4) require a qualified employee to take leave, 

6 whether paid or unpaid, if another reasonable ac7 commodation can be provided to the known limita8 tions related to the pregnancy, childbirth, or related 

9 medical conditions of the qualified employee; or 

10 (5) take adverse action in terms, conditions, or 

11 privileges of employment against a qualified em12 ployee on account of the employee requesting or 

13 using a reasonable accommodation to the known lim14 itations related to the pregnancy, childbirth, or re15 lated medical conditions of the employee. 

16 SEC. 4. REMEDIES AND ENFORCEMENT. 

17 (a) EMPLOYEES COVERED BY TITLE VII OF THE

18 CIVIL RIGHTS ACT OF 1964.— 

19 (1) IN GENERAL.—The powers, remedies, and 

20 procedures provided in sections 705, 706, 707, 709, 

21 710, and 711 of the Civil Rights Act of 1964 (42 

22 U.S.C. 2000e–4 et seq.) to the Commission, the At23 torney General, or any person alleging a violation of 

24 title VII of such Act (42 U.S.C. 2000e et seq.) shall 

25 be the powers, remedies, and procedures this Act 


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1 provides to the Commission, the Attorney General, 

2 or any person, respectively, alleging an unlawful em3 ployment practice in violation of this Act against an 

4 employee described in section 2(3)(A) except as pro5 vided in paragraphs (2) and (3) of this subsection. 

6 (2) COSTS AND FEES.—The powers, remedies, 

7 and procedures provided in subsections (b) and (c) 

8 of section 722 of the Revised Statutes (42 U.S.C. 

9 1988) shall be the powers, remedies, and procedures 

10 this Act provides to the Commission, the Attorney 

11 General, or any person alleging such practice. 

12 (3) DAMAGES.—The powers, remedies, and pro13 cedures provided in section 1977A of the Revised 

14 Statutes (42 U.S.C. 1981a), including the limita15 tions contained in subsection (b)(3) of such section 

16 1977A, shall be the powers, remedies, and proce17 dures this Act provides to the Commission, the At18 torney General, or any person alleging such practice 

19 (not an employment practice specifically excluded 

20 from coverage under section 1977A(a)(1) of the Re21 vised Statutes (42 U.S.C. 1981a(a)(1))). 

22 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC23 COUNTABILITY ACT OF 1995.— 

24 (1) IN GENERAL.—The powers, remedies, and 

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1 ability Act of 1995 (2 U.S.C. 1301 et seq.) for the 

2 purposes of addressing allegations of violations of 

3 section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)) 

4 shall be the powers, remedies, and procedures this 

5 Act provides to address an allegation of an unlawful 

6 employment practice in violation of this Act against 

7 an employee described in section 2(3)(B), except as 

8 provided in paragraphs (2) and (3) of this sub9 section. 

10 (2) COSTS AND FEES.—The powers, remedies, 

11 and procedures provided in subsections (b) and (c) 

12 of section 722 of the Revised Statutes (42 U.S.C. 

13 1988) for the purposes of addressing allegations of 

14 such a violation shall be the powers, remedies, and 

15 procedures this Act provides to address allegations 

16 of such practice. 

17 (3) DAMAGES.—The powers, remedies, and pro18 cedures provided in section 1977A of the Revised 

19 Statutes (42 U.S.C. 1981a), including the limita20 tions contained in subsection (b)(3) of such section 

21 1977A, for purposes of addressing allegations of 

22 such a violation, shall be the powers, remedies, and 

23 procedures this Act provides to address any allega24 tion of such practice (not an employment practice 

25 specifically excluded from coverage under section 


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1 1977A(a)(1) of the Revised Statutes (42 U.S.C. 

2 1981a(a)(1))). 

3 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

4 3, UNITED STATES CODE.— 

5 (1) IN GENERAL.—The powers, remedies, and 

6 procedures provided in chapter 5 of title 3, United 

7 States Code, to the President, the Commission, the 

8 Merit Systems Protection Board, or any person al9 leging a violation of section 411(a)(1) of such title 

10 shall be the powers, remedies, and procedures this 

11 Act provides to the President, the Commission, the 

12 Board, or any person, respectively, alleging an un13 lawful employment practice in violation of this Act 

14 against an employee described in section 2(3)(C), ex15 cept as provided in paragraphs (2) and (3) of this 

16 subsection. 

17 (2) COSTS AND FEES.—The powers, remedies, 

18 and procedures provided in subsections (b) and (c) 

19 of section 722 of the Revised Statutes (42 U.S.C. 

20 1988) shall be the powers, remedies, and procedures 

21 this Act provides to the President, the Commission, 

22 the Board, or any person alleging such practice. 

23 (3) DAMAGES.—The powers, remedies, and pro24 cedures provided in section 1977A of the Revised 

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1 tions contained in subsection (b)(3) of such section 

2 1977A, shall be the powers, remedies, and proce3 dures this Act provides to the President, the Com4 mission, the Board, or any person alleging such 

5 practice (not an employment practice specifically ex6 cluded from coverage under section 1977A(a)(1) of 

7 the Revised Statutes (42 U.S.C. 1981a(a)(1))). 

8 (d) EMPLOYEES COVERED BY GOVERNMENT EM9 PLOYEE RIGHTS ACT OF 1991.— 

10 (1) IN GENERAL.—The powers, remedies, and 

11 procedures provided in sections 302 and 304 of the 

12 Government Employee Rights Act of 1991 (42 

13 U.S.C. 2000e–16b; 2000e–16c) to the Commission 

14 or any person alleging a violation of section 

15 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1)) 

16 shall be the powers, remedies, and procedures this 

17 Act provides to the Commission or any person, re18 spectively, alleging an unlawful employment practice 

19 in violation of this Act against an employee de20 scribed in section 2(3)(D), except as provided in 

21 paragraphs (2) and (3) of this subsection. 

22 (2) COSTS AND FEES.—The powers, remedies, 

23 and procedures provided in subsections (b) and (c) 

24 of section 722 of the Revised Statutes (42 U.S.C. 

25 1988) shall be the powers, remedies, and procedures 


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1 this Act provides to the Commission or any person 

2 alleging such practice. 

3 (3) DAMAGES.—The powers, remedies, and pro4 cedures provided in section 1977A of the Revised 

5 Statutes (42 U.S.C. 1981a), including the limita6 tions contained in subsection (b)(3) of such section 

7 1977A, shall be the powers, remedies, and proce8 dures this Act provides to the Commission or any 

9 person alleging such practice (not an employment 

10 practice specifically excluded from coverage under 

11 section 1977A(a)(1) of the Revised Statutes (42 

12 U.S.C. 1981a(a)(1))). 

13 (e) EMPLOYEES COVERED BY SECTION 717 OF THE

14 CIVIL RIGHTS ACT OF 1964.— 

15 (1) IN GENERAL.—The powers, remedies, and 

16 procedures provided in section 717 of the Civil 

17 Rights Act of 1964 (42 U.S.C. 2000e–16) to the 

18 Commission, the Attorney General, the Librarian of 

19 Congress, or any person alleging a violation of that 

20 section shall be the powers, remedies, and proce21 dures this Act provides to the Commission, the At22 torney General, the Librarian of Congress, or any 

23 person, respectively, alleging an unlawful employ24 ment practice in violation of this Act against an emVerDate Sep 11 2014 02:48 Jun 22, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4431.PCS S4431

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1 ployee described in section 2(3)(E), except as pro2 vided in paragraphs (2) and (3) of this subsection. 

3 (2) COSTS AND FEES.—The powers, remedies, 

4 and procedures provided in subsections (b) and (c) 

5 of section 722 of the Revised Statutes (42 U.S.C. 

6 1988) shall be the powers, remedies, and procedures 

7 this Act provides to the Commission, the Attorney 

8 General, the Librarian of Congress, or any person 

9 alleging such practice. 

10 (3) DAMAGES.—The powers, remedies, and pro11 cedures provided in section 1977A of the Revised 

12 Statutes (42 U.S.C. 1981a), including the limita13 tions contained in subsection (b)(3) of such section 

14 1977A, shall be the powers, remedies, and proce15 dures this Act provides to the Commission, the At16 torney General, the Librarian of Congress, or any 

17 person alleging such practice (not an employment 

18 practice specifically excluded from coverage under 

19 section 1977A(a)(1) of the Revised Statutes (42 

20 U.S.C. 1981a(a)(1))). 

21 (f) PROHIBITION AGAINST RETALIATION.— 

22 (1) IN GENERAL.—No person shall discriminate 

23 against any employee because such employee has op24 posed any act or practice made unlawful by this Act 

25 or because such employee made a charge, testified, 


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1 assisted, or participated in any manner in an inves2 tigation, proceeding, or hearing under this Act. 

3 (2) PROHIBITION AGAINST COERCION.—It shall 

4 be unlawful to coerce, intimidate, threaten, or inter5 fere with any individual in the exercise or enjoyment 

6 of, or on account of such individual having exercised 

7 or enjoyed, or on account of such individual having 

8 aided or encouraged any other individual in the exer9 cise or enjoyment of, any right granted or protected 

10 by this Act. 

11 (3) REMEDY.—The remedies and procedures 

12 otherwise provided for under this section shall be 

13 available to aggrieved individuals with respect to vio14 lations of this subsection. 

15 (g) LIMITATION.—Notwithstanding subsections 

16 (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful em17 ployment practice involves the provision of a reasonable 

18 accommodation pursuant to this Act or regulations imple19 menting this Act, damages may not be awarded under sec20 tion 1977A of the Revised Statutes (42 U.S.C. 1981a) if 

21 the covered entity demonstrates good faith efforts, in con22 sultation with the employee with known limitations related 

23 to pregnancy, childbirth, or related medical conditions who 

24 has informed the covered entity that accommodation is 

25 needed, to identify and make a reasonable accommodation 


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1 that would provide such employee with an equally effective 

2 opportunity and would not cause an undue hardship on 

3 the operation of the covered entity. 

4 SEC. 5. RULEMAKING. 

5 (a) EEOC RULEMAKING.—Not later than 1 year 

6 after the date of enactment of this Act, the Commission 

7 shall issue regulations in an accessible format in accord8 ance with subchapter II of chapter 5 of title 5, United 

9 States Code, to carry out this Act. Such regulations shall 

10 provide examples of reasonable accommodations address11 ing known limitations related to pregnancy, childbirth, or 

12 related medical conditions. 

13 (b) OCWR RULEMAKING.— 

14 (1) IN GENERAL.—Not later than 6 months 

15 after the Commission issues regulations under sub16 section (a), the Board (as defined in section 101 of 

17 the Congressional Accountability Act of 1995 (2 

18 U.S.C. 1301)) shall (in accordance with section 304 

19 of the Congressional Accountability Act of 1995 (2 

20 U.S.C. 1384)), issue regulations to implement the 

21 provisions of this Act made applicable to employees 

22 described in section 2(3)(B), under section 4(b). 

23 (2) PARALLEL WITH AGENCY REGULATIONS.— 

24 The regulations issued under paragraph (1) shall be 

25 the same as substantive regulations issued by the 


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1 Commission under subsection (a) except to the ex2 tent that the Board may determine, for good cause 

3 shown and stated together with the regulations 

4 issued under paragraph (1) that a modification of 

5 such substantive regulations would be more effective 

6 for the implementation of the rights and protection 

7 under this Act. 

8 SEC. 6. WAIVER OF STATE IMMUNITY. 

9 A State shall not be immune under the 11th Amend10 ment to the Constitution from an action in a Federal or 

11 State court of competent jurisdiction for a violation of this 

12 Act. In any action against a State for a violation of this 

13 Act, remedies (including remedies both at law and in eq14 uity) are available for such a violation to the same extent 

15 as such remedies are available for such a violation in an 

16 action against any public or private entity other than a 

17 State. 

18 SEC. 7. RELATIONSHIP TO OTHER LAWS. 

19 Nothing in this Act shall be construed— 

20 (1) to invalidate or limit the powers, remedies, 

21 and procedures under any Federal law or law of any 

22 State or political subdivision of any State or juris23 diction that provides greater or equal protection for 

24 individuals affected by pregnancy, childbirth, or re25 lated medical conditions; or 


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1 (2) by regulation or otherwise, to require an 

2 employer-sponsored health plan to pay for or cover 

3 any particular item, procedure, or treatment or to 

4 affect any right or remedy available under any other 

5 Federal, State, or local law with respect to any such 

6 payment or coverage requirement. 

7 SEC. 8. SEVERABILITY. 

8 If any provision of this Act or the application of that 

9 provision to particular persons or circumstances is held 

10 invalid or found to be unconstitutional, the remainder of 

11 this Act and the application of that provision to other per12 sons or circumstances shall not be affected. 

13 SEC. 9. EFFECTIVE DATE. 

14 This Act shall take effect on the date that is 180 days 

15 after the date of enactment of this Act. 


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Calendar No. 425 

117TH CONGRESS 

2D SESSION S. 4431 

A BILL 

To eliminate discrimination and promote women’s 

medical condition. are limited by pregnancy, childbirth, or a related whose ability to perform the functions of a job able workplace accommodations for workers health and economic security by ensuring reasonJUNE 21, 2022 

Read the second time and placed on the calendar 


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