I 

112TH CONGRESS 

2D SESSION H. R. 5647 

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 HOUSE OF REPRESENTATIVES 

MAY 8, 2012 

Mr. NADLER (for himself, Mrs. MALONEY, Ms. SPEIER, Mrs. DAVIS of California, Ms. FUDGE, Mr. GEORGE MILLER of California, Mr. HIGGINS, 

Mr. RANGEL, Mr. JACKSON of Illinois, Mr. GRIJALVA, Mr. ROTHMAN of 

New Jersey, Ms. LEE of California, Mr. MCDERMOTT, Mrs. CAPPS, Ms. 

DELAURO, Ms. NORTON, Mr. ENGEL, Ms. SCHAKOWSKY, Ms. HAHN, Mr. 

CONYERS, Mrs. LOWEY, Mrs. CHRISTENSEN, Ms. MOORE, Mr. FARR, Ms. 

CHU, Ms. RICHARDSON, Ms. MCCOLLUM, Mr. CROWLEY, Mr. PASCRELL, 

Mr. HINCHEY, Ms. BROWN of Florida, Mr. MORAN, Mr. ACKERMAN, Mr. 

BOSWELL, Mr. OLVER, Mr. BRADY of Pennsylvania, Mr. CLARKE of 

Michigan, Ms. WOOLSEY, Mr. LEWIS of Georgia, Ms. LINDA T. SA ́NCHEZ

of California, Mr. HONDA, Mr. TOWNS, Mr. DAVIS of Illinois, Mr. CARSON of Indiana, Mr. BERMAN, Ms. WATERS, Mr. JOHNSON of Georgia, 

Mr. KILDEE, Mr. MARKEY, Ms. MATSUI, Ms. TSONGAS, Ms. CLARKE of 

New York, Mr. HINOJOSA, Mr. CARNAHAN, Mr. SHERMAN, Ms. 

DEGETTE, Ms. SUTTON, Mr. LANGEVIN, Mr. BACA, Ms. PINGREE of 

Maine, Mr. SERRANO, Mr. ELLISON, Mr. KUCINICH, Ms. ESHOO, Mr. 

LARSEN of Washington, and Ms. SLAUGHTER) introduced the following 

bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on House Administration, Oversight and Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To eliminate discrimination and promote women’s health and 


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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, 

3 SECTION 1. SHORT TITLE. 

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

5 Fairness Act’’. 

6 SEC. 2. NONDISCRIMINATION WITH REGARD TO REASON7 ABLE ACCOMMODATIONS RELATED TO PREG8 NANCY. 

9 It shall be an unlawful employment practice for a cov10 ered entity to— 

11 (1) not make reasonable accommodations to the 

12 known limitations related to the pregnancy, child13 birth, or related medical conditions of a job appli14 cant or employee, unless such covered entity can 

15 demonstrate that the accommodation would impose 

16 an undue hardship on the operation of the business 

17 of such covered entity; 

18 (2) deny employment opportunities to a job ap19 plicant or employee, if such denial is based on the 

20 need of the covered entity to make reasonable ac21 commodations to the known limitations related to 


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1 the pregnancy, childbirth, or related medical condi2 tions of an employee or applicant; 

3 (3) require a job applicant or employee affected 

4 by pregnancy, childbirth, or related medical condi5 tions to accept an accommodation that such appli6 cant or employee chooses not to accept; or 

7 (4) require an employee to take leave under any 

8 leave law or policy of the covered entity if another 

9 reasonable accommodation can be provided to the 

10 known limitations related to the pregnancy, child11 birth, or related medical conditions of an employee. 

12 SEC. 3. REMEDIES AND ENFORCEMENT. 

13 (a) EMPLOYEES COVERED BY TITLE VII OF THE

14 CIVIL RIGHTS ACT OF 1964.— 

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

16 remedies provided in sections 705, 706, 707, 709, 

17 710, and 711 of the Civil Rights Act of 1964 (42 

18 U.S.C. 2000e–4 et seq.) to the Commission, the At19 torney General, or any person, alleging a violation of 

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

21 be the powers, procedures, and remedies this title 

22 provides to the Commission, the Attorney General, 

23 or any person, respectively, alleging an unlawful em24 ployment practice in violation of this title against an 


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1 employee described in section 5(2)(A), except as pro2 vided in paragraphs (2) and (3). 

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 of the United 

6 States (42 U.S.C. 1988), shall be the powers, rem7 edies, and procedures this title provides to the Com8 mission, the Attorney General, or any person, alleg9 ing such a practice. 

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

12 Statutes of the United States (42 U.S.C. 1981a), in13 cluding the limitations contained in subsection (b)(3) 

14 of such section 1977A, shall be the powers, rem15 edies, and procedures this title provides to the Com16 mission, the Attorney General, or any person, alleg17 ing such a practice (not an employment practice spe18 cifically excluded from coverage under section 

19 1977A(a)(1) of the Revised Statutes of the United 

20 States). 

21 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC22 COUNTABILITY ACT OF 1995.— 

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

24 procedures provided in the Congressional Account25 ability Act of 1995 (2 U.S.C. 1301 et seq.) to the 


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1 Board (as defined in section 101 of that Act (2 

2 U.S.C. 1301)), or any person, alleging a violation of 

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

4 shall be the powers, remedies, and procedures this 

5 title provides to that Board, or any person, alleging 

6 an unlawful employment practice in violation of this 

7 title against an employee described in section 

8 5(2)(B), except as provided in paragraphs (2) and 

9 (3). 

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 of the United 

13 States (42 U.S.C. 1988), shall be the powers, rem14 edies, and procedures this title provides to that 

15 Board, or any person, alleging such a practice. 

16 (3) DAMAGES.—The powers, remedies, and pro17 cedures provided in section 1977A of the Revised 

18 Statutes of the United States (42 U.S.C. 1981a), in19 cluding the limitations contained in subsection (b)(3) 

20 of such section 1977A, shall be the powers, rem21 edies, and procedures this title provides to that 

22 Board, or any person, alleging such a practice (not 

23 an employment practice specifically excluded from 

24 coverage under section 1977A(a)(1) of the Revised 

25 Statutes of the United States). 


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1 (4) OTHER APPLICABLE PROVISIONS.—With re2 spect to a claim alleging a practice described in 

3 paragraph (1), title III of the Congressional Ac4 countability Act of 1995 (2 U.S.C. 1381 et seq.) 

5 shall apply in the same manner as such title applies 

6 with respect to a claim alleging a violation of section 

7 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). 

8 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

9 3, UNITED STATES CODE.— 

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

11 procedures provided in chapter 5 of title 3, United 

12 States Code, to the President, the Commission, the 

13 Merit Systems Protection Board, or any person, al14 leging a violation of section 411(a)(1) of that title, 

15 shall be the powers, remedies, and procedures this 

16 title provides to the President, the Commission, such 

17 Board, or any person, respectively, alleging an un18 lawful employment practice in violation of this title 

19 against an employee described in section 5(2)(C), ex20 cept as provided in paragraphs (2) and (3). 

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

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

23 of section 722 of the Revised Statutes of the United 

24 States (42 U.S.C. 1988), shall be the powers, rem25 edies, and procedures this title provides to the PresiVerDate Mar 15 2010 00:33 May 12, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5647.IH H5647

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1 dent, the Commission, such Board, or any person, 

2 alleging such a practice. 

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

5 Statutes of the United States (42 U.S.C. 1981a), in6 cluding the limitations contained in subsection (b)(3) 

7 of such section 1977A, shall be the powers, rem8 edies, and procedures this title provides to the Presi9 dent, the Commission, such Board, or any person, 

10 alleging such a practice (not an employment practice 

11 specifically excluded from coverage under section 

12 1977A(a)(1) of the Revised Statutes of the United 

13 States). 

14 (d) EMPLOYEES COVERED BY GOVERNMENT EM15 PLOYEE RIGHTS ACT OF 1991.— 

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

17 procedures provided in sections 302 and 304 of the 

18 Government Employee Rights Act of 1991 (42 

19 U.S.C. 2000e–16b, 2000e–16c) to the Commission, 

20 or any person, alleging a violation of section 

21 302(a)(1) of that Act (42 U.S.C. 2000e–16b(a)(1)) 

22 shall be the powers, remedies, and procedures this 

23 title provides to the Commission, or any person, re24 spectively, alleging an unlawful employment practice 

25 in violation of this title against an employee deVerDate Mar 15 2010 00:33 May 12, 2012 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5647.IH H5647

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1 scribed in section 5(2)(D), except as provided in 

2 paragraphs (2) and (3). 

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 of the United 

6 States (42 U.S.C. 1988), shall be the powers, rem7 edies, and procedures this title provides to the Com8 mission, or any person, alleging such a practice. 

9 (3) DAMAGES.—The powers, remedies, and pro10 cedures provided in section 1977A of the Revised 

11 Statutes of the United States (42 U.S.C. 1981a), in12 cluding the limitations contained in subsection (b)(3) 

13 of such section 1977A, shall be the powers, rem14 edies, and procedures this title provides to the Com15 mission, or any person, alleging such a practice (not 

16 an employment practice specifically excluded from 

17 coverage under section 1977A(a)(1) of the Revised 

18 Statutes of the United States). 

19 (e) EMPLOYEES COVERED BY SECTION 717 OF THE

20 CIVIL RIGHTS ACT OF 1964.— 

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

22 procedures provided in section 717 of the Civil 

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

24 Commission, the Attorney General, the Librarian of 

25 Congress, or any person, alleging a violation of that 


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1 section shall be the powers, remedies, and proce2 dures this title provides to the Commission, the At3 torney General, the Librarian of Congress, or any 

4 person, respectively, alleging an unlawful employ5 ment practice in violation of this title against an em6 ployee or applicant described in section 2(2)(E), ex7 cept as provided in paragraphs (2) and (3). 

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

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

10 of section 722 of the Revised Statutes of the United 

11 States (42 U.S.C. 1988), shall be the powers, rem12 edies, and procedures this title provides to the Com13 mission, the Attorney General, the Librarian of Con14 gress, or any person, alleging such a practice. 

15 (3) DAMAGES.—The powers, remedies, and pro16 cedures provided in section 1977A of the Revised 

17 Statutes of the United States (42 U.S.C. 1981a), in18 cluding the limitations contained in subsection (b)(3) 

19 of such section 1977A, shall be the powers, rem20 edies, and procedures this title provides to the Com21 mission, the Attorney General, the Librarian of Con22 gress, or any person, alleging such a practice (not an 

23 employment practice specifically excluded from cov24 erage under section 1977A(a)(1) of the Revised 

25 Statutes of the United States). 


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1 (f) PROHIBITION AGAINST RETALIATION.—No per2 son shall discriminate against any individual because such 

3 individual has opposed any act or practice made unlawful 

4 by this title or because such individual made a charge, 

5 testified, assisted, or participated in any manner in an in6 vestigation, proceeding, or hearing under this title. The 

7 remedies and procedures otherwise provided for under this 

8 section shall be available to aggrieved individuals with re9 spect to violations of this subsection. 

10 SEC. 4. RULEMAKING. 

11 Not later than 2 years after the date of enactment 

12 of this Act, the Commission shall issue regulations in an 

13 accessible format in accordance with subchapter II of 

14 chapter 5 of title 5, United States Code, to carry out this 

15 Act. Such regulations shall identify some reasonable ac16 commodations addressing known limitations related to 

17 pregnancy, childbirth, or related medical conditions that 

18 shall be provided to a job applicant or employee affected 

19 by such known limitations unless the covered entity can 

20 demonstrate that doing so would impose an undue hard21 ship. 

22 SEC. 5. DEFINITIONS. 

23 As used in this Act— 

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

25 Employment Opportunity Commission; 


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1 (2) the term ‘‘covered entity’’— 

2 (A) has the meaning given the term ‘‘re3 spondent’’ in section 701(n) of the Civil Rights 

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

5 (B) includes— 

6 (i) an employing office, as defined in 

7 section 101 of the Congressional Account8 ability Act of 1995 (2 U.S.C. 1301) and 

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

10 Code; 

11 (ii) an entity employing a State em12 ployee described in section 304(a) of the 

13 Government Employee Rights Act of 1991 

14 (12 U.S.C. 1220(a)); and 

15 (iii) an entity to which section 717(a) 

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

17 2000e–16(a)) applies; 

18 (3) the term ‘‘employee’’ means— 

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

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

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

22 (B) a covered employee (including an ap23 plicant), as defined in section 101 of the Con24 gressional Accountability Act of 1995 (2 U.S.C. 

25 1301); 


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1 (C) a covered employee (including an appli2 cant), as defined in section 411(c) of title 3, 

3 United States Code; 

4 (D) a State employee (including an appli5 cant) described in section 304(a) of the Govern6 ment Employee Rights Act of 1991 (12 U.S.C. 

7 1220(a)); or 

8 (E) an employee (including an applicant) 

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

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

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

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

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

14 (5) the terms ‘‘reasonable accommodation’’ and 

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

16 terms in section 101 of the Americans with Disabil17 ities Act of 1990 (42 U.S.C. 12111) and shall be 

18 construed as such terms have been construed under 

19 such Act and as set forth in the regulations required 

20 by this Act. 

21 SEC. 6. RELATIONSHIP TO OTHER LAWS. 

22 Nothing in this Act shall be construed to invalidate 

23 or limit the remedies, rights, and procedures of any Fed24 eral law or law of any State or political subdivision of any 

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1 tion for workers affected by pregnancy, childbirth, or re2 lated medical conditions. 

Æ 


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