IB 

Union Calendar No. 14 

117TH CONGRESS 

1ST SESSION H. R. 1065 

[Report No. 117–27, Part I] 

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 

FEBRUARY 15, 2021 

Mr. NADLER (for himself, Mr. KATKO, Mrs. MCBATH, Ms. HERRERA

BEUTLER, and Mr. SCOTT of Virginia) introduced the following bill; 

which was referred to the Committee on Education and Labor, and in 

addition to the Committees on House Administration, Oversight and 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 

MAY 4, 2021 

Additional sponsors: Ms. BONAMICI, Mr. ESPAILLAT, Ms. OCASIO-CORTEZ, 

Ms. SPEIER, Ms. TLAIB, Mr. LYNCH, Ms. SCHAKOWSKY, Mr. SHERMAN, 

Miss RICE of New York, Ms. HOULAHAN, Ms. NEWMAN, Mr. WELCH, 

Mr. KIM of New Jersey, Mr. LARSON of Connecticut, Mr. DANNY K. 

DAVIS of Illinois, Ms. KAPTUR, Mr. GARAMENDI, Mr. EVANS, Mr. PRICE

of North Carolina, Ms. MENG, Mr. CARBAJAL, Mr. PETERS, Ms. 

ESCOBAR, Mr. VEASEY, Mr. FOSTER, Ms. BLUNT ROCHESTER, Mr. BLUMENAUER, Mr. COOPER, Ms. JACKSON LEE, Mr. DEFAZIO, Mrs. 

BEATTY, Mr. POCAN, Ms. MOORE of Wisconsin, Mr. CLEAVER, Mr. 

LEVIN of Michigan, Ms. GARCIA of Texas, Ms. CASTOR of Florida, Mrs. 

TRAHAN, Mr. GARCI ́A of Illinois, Mr. PANETTA, Mr. CARTWRIGHT, Ms. 

SEWELL, Mr. CA ́RDENAS, Ms. LOIS FRANKEL of Florida, Ms. 

VELA ́ZQUEZ, Mr. KEATING, Mr. RUIZ, Mr. TONKO, Mr. AGUILAR, Ms. 

ROYBAL-ALLARD, Mr. RYAN, Mr. DEUTCH, Mr. KHANNA, Mr. 

FITZPATRICK, Mr. DOGGETT, Mrs. CAROLYN B. MALONEY of New York, 

Mr. RUPPERSBERGER, Mr. DAVID SCOTT of Georgia, Ms. MCCOLLUM, 

Mr. LOWENTHAL, Mrs. DINGELL, Mr. SEAN PATRICK MALONEY of New 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 1065 RH

York, Mr. JONES, Mr. PAPPAS, Ms. SCHRIER, Mr. LANGEVIN, Mr. HIGGINS of New York, Mr. KAHELE, Ms. SCANLON, Mr. MORELLE, Ms. 

DEGETTE, Ms. NORTON, Ms. DELAURO, Ms. JAYAPAL, Mr. SMITH of 

Washington, Ms. LEE of California, Ms. BARRAGA ́N, Mr. MICHAEL F. 

DOYLE of Pennsylvania, Mr. CARSON, Mr. SCHNEIDER, Mr. SIRES, Ms. 

OMAR, Mr. COHEN, Mrs. LAWRENCE, Ms. CRAIG, Mr. CICILLINE, Mr. 

MRVAN, Mr. MOULTON, Ms. ADAMS, Mr. HIMES, Mr. KILDEE, Mr. 

BUTTERFIELD, Mr. VAN DREW, Mr. PAYNE, Ms. WASSERMAN SCHULTZ, 

Ms. BROWNLEY, Ms. PRESSLEY, Mr. VARGAS, Ms. STEVENS, Mr. BISHOP

of Georgia, Mr. BERA, Mr. JOHNSON of Georgia, Ms. WILD, Ms. KELLY

of Illinois, Mr. SWALWELL, Ms. DEAN, Mr. HUFFMAN, Ms. TITUS, Mr. 

O’HALLERAN, Mr. VELA, Ms. WEXTON, Mr. SARBANES, Mr. BROWN, Ms. 

SPANBERGER, Ms. PORTER, Ms. JOHNSON of Texas, Mr. FORTENBERRY, 

Ms. SHERRILL, Ms. BASS, Mrs. LURIA, Mr. RODNEY DAVIS of Illinois, 

Mr. LIEU, Mr. MCEACHIN, Mr. LAWSON of Florida, Mr. DIAZ-BALART, 

Mr. HARDER of California, Mr. BACON, Mrs. FLETCHER, Mr. CROW, Mr. 

CONNOLLY, Mr. GRIJALVA, Mr. VICENTE GONZALEZ of Texas, Mr. 

TRONE, Mrs. DEMINGS, Mr. MCNERNEY, Ms. UNDERWOOD, Mr. PASCRELL, Mr. CASTRO of Texas, Mr. CASTEN, Ms. SA ́NCHEZ, Mrs. AXNE, 

Mr. COLE, Ms. STEFANIK, Mr. COURTNEY, Mr. LAMB, Mr. LEVIN of 

California, Ms. CHU, Mr. KRISHNAMOORTHI, Ms. KUSTER, Ms. ESHOO, 

Mrs. HAYES, Mr. DESAULNIER, Mr. GONZALEZ of Ohio, Mr. HORSFORD, 

Ms. CLARK of Massachusetts, Ms. ROSS, Mr. SUOZZI, Ms. JACOBS of 

California, Ms. STRICKLAND, Ms. BUSH, Mr. TORRES of New York, Mr. 

REED, Mr. NEAL, Mr. SAN NICOLAS, Mr. SABLAN, Ms. PINGREE, Mr. 

YARMUTH, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. MCCAUL, Mr. 

JEFFRIES, Mrs. BUSTOS, Mr. AUCHINCLOSS, Mr. BEYER, Mr. NEGUSE, 

Ms. DELBENE, Mrs. WAGNER, Mr. ALLRED, Mr. MCGOVERN, Mr. 

SCHIFF, Mr. RASKIN, Mr. QUIGLEY, Mr. COSTA, Ms. CLARKE of New 

York, Mr. HASTINGS, Mr. RUSH, Mr. GALLEGO, Ms. WILLIAMS of Georgia, Mr. MEEKS, Mr. PHILLIPS, Mrs. WATSON COLEMAN, Mr. CRIST, Mr. 

GOMEZ, Mr. CUELLAR, Mr. SOTO, Mr. STANTON, Mr. PALLONE, Mr. 

KILMER, Mr. LARSEN of Washington, Ms. LEGER FERNANDEZ, Mrs. 

TORRES of California, Mrs. KIRKPATRICK, Mr. MALINOWSKI, Ms. MATSUI, Mr. PERLMUTTER, Mr. CORREA, Mr. TAKANO, Mr. GREEN of Texas, 

Mr. MFUME, Mrs. NAPOLITANO, Mrs. MURPHY of Florida, Mr. KIND, 

Mr. TURNER, Mr. UPTON, Mr. BOWMAN, Mr. KINZINGER, Mrs. RODGERS

of Washington, Mrs. LEE of Nevada, Mr. GOTTHEIMER, Mr. DELGADO, 

Mr. MEIJER, Ms. SLOTKIN, Mr. NORCROSS, Ms. MANNING, and Mrs. KIM

of California 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 1065 RH

MAY 4, 2021 

Reported from the Committee on Education and Labor with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MAY 4, 2021 

Committees on House Administration, Oversight and Reform, and the Judiciary discharged; committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on February 15, 2021] 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•HR 1065 RH

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. 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•HR 1065 RH

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 Fair5 ness 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 qualified em14 ployee, unless such covered entity can demonstrate 

15 that the accommodation would impose an undue 

16 hardship on the operation of the business of such cov17 ered entity; 

18 (2) require a qualified employee affected by preg19 nancy, childbirth, or related medical conditions to ac20 cept an accommodation other than any reasonable ac21 commodation arrived at through the interactive proc22 ess referred to in section 5(7); 

23 (3) deny employment opportunities to a quali24 fied employee if such denial is based on the need of 

25 the covered entity to make reasonable accommodations 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•HR 1065 RH

1 to the known limitations related to the pregnancy, 

2 childbirth, or related medical conditions of a qualified 

3 employee; 

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

5 whether paid or unpaid, if another reasonable accom6 modation can be provided to the known limitations 

7 related to the pregnancy, childbirth, or related med8 ical conditions of a qualified employee; or 

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

10 privileges of employment against a qualified employee 

11 on account of the employee requesting or using a rea12 sonable accommodation to the known limitations re13 lated to the pregnancy, childbirth, or related medical 

14 conditions of the employee. 

15 SEC. 3. REMEDIES AND ENFORCEMENT. 

16 (a) EMPLOYEES COVERED BY TITLE VII OF THE CIVIL

17 RIGHTS ACT OF 1964.— 

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

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

20 710, and 711 of the Civil Rights Act of 1964 (42 

21 U.S.C. 2000e–4 et seq.) to the Commission, the Attor22 ney General, or any person alleging a violation of 

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

24 be the powers, remedies, and procedures this Act pro25 vides to the Commission, the Attorney General, or 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•HR 1065 RH

1 any person, respectively, alleging an unlawful em2 ployment practice in violation of this Act against an 

3 employee described in section 5(3)(A) except as pro4 vided in paragraphs (2) and (3) of this subsection. 

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

6 and procedures provided in subsections (b) and (c) of 

7 section 722 of the Revised Statutes (42 U.S.C. 1988) 

8 shall be the powers, remedies, and procedures this Act 

9 provides to the Commission, the Attorney General, or 

10 any person alleging such practice. 

11 (3) DAMAGES.—The powers, remedies, and pro12 cedures provided in section 1977A of the Revised 

13 Statutes (42 U.S.C. 1981a), including the limitations 

14 contained in subsection (b)(3) of such section 1977A, 

15 shall be the powers, remedies, and procedures this Act 

16 provides to the Commission, the Attorney General, or 

17 any person alleging such practice (not an employ18 ment practice specifically excluded from coverage 

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

20 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC21 COUNTABILITY ACT OF 1995.— 

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

23 procedures provided in the Congressional Account24 ability Act of 1995 (2 U.S.C. 1301 et seq.) to the 

25 Board (as defined in section 101 of such Act (2 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•HR 1065 RH

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

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

3 shall be the powers, remedies, and procedures this Act 

4 provides to the Board or any person, respectively, al5 leging an unlawful employment practice in violation 

6 of this Act against an employee described in section 

7 5(3)(B) except as provided in paragraphs (2) and (3) 

8 of this subsection. 

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

10 and procedures provided in subsections (b) and (c) of 

11 section 722 of the Revised Statutes (42 U.S.C. 1988) 

12 shall be the powers, remedies, and procedures this Act 

13 provides to the Board or any person alleging such 

14 practice. 

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

17 Statutes (42 U.S.C. 1981a), including the limitations 

18 contained in subsection (b)(3) of such section 1977A, 

19 shall be the powers, remedies, and procedures this Act 

20 provides to the Board or any person alleging such 

21 practice (not an employment practice specifically ex22 cluded from coverage under section 1977A(a)(1) of the 

23 Revised Statutes). 

24 (4) OTHER APPLICABLE PROVISIONS.—With re25 spect to a claim alleging a practice described in paraVerDate Sep 11 2014 19:59 May 04, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H1065.RH H1065

pamtmann on DSKBC07HB2PROD with BILLS
9 

•HR 1065 RH

1 graph (1), title III of the Congressional Account2 ability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply 

3 in the same manner as such title applies with respect 

4 to a claim alleging a violation of section 201(a)(1) of 

5 such Act (2 U.S.C. 1311(a)(1)). 

6 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

7 3, UNITED STATES CODE.— 

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

9 procedures provided in chapter 5 of title 3, United 

10 States Code, to the President, the Commission, the 

11 Merit Systems Protection Board, or any person alleg12 ing a violation of section 411(a)(1) of such title shall 

13 be the powers, remedies, and procedures this Act pro14 vides to the President, the Commission, the Board, or 

15 any person, respectively, alleging an unlawful em16 ployment practice in violation of this Act against an 

17 employee described in section 5(3)(C) except as pro18 vided in paragraphs (2) and (3) of this subsection. 

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

20 and procedures provided in subsections (b) and (c) of 

21 section 722 of the Revised Statutes (42 U.S.C. 1988) 

22 shall be the powers, remedies, and procedures this Act 

23 provides to the President, the Commission, the Board, 

24 or any person alleging such practice. 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•HR 1065 RH

1 (3) DAMAGES.—The powers, remedies, and pro2 cedures provided in section 1977A of the Revised 

3 Statutes (42 U.S.C. 1981a), including the limitations 

4 contained in subsection (b)(3) of such section 1977A, 

5 shall be the powers, remedies, and procedures this Act 

6 provides to the President, the Commission, the Board, 

7 or any person alleging such practice (not an employ8 ment practice specifically excluded from coverage 

9 under section 1977A(a)(1) of the Revised Statutes). 

10 (d) EMPLOYEES COVERED BY GOVERNMENT EM11 PLOYEE RIGHTS ACT OF 1991.— 

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

13 procedures provided in sections 302 and 304 of the 

14 Government Employee Rights Act of 1991 (42 U.S.C. 

15 2000e–16b; 2000e–16c) to the Commission or any per16 son alleging a violation of section 302(a)(1) of such 

17 Act (42 U.S.C. 2000e–16b(a)(1)) shall be the powers, 

18 remedies, and procedures this Act provides to the 

19 Commission or any person, respectively, alleging an 

20 unlawful employment practice in violation of this Act 

21 against an employee described in section 5(3)(D) ex22 cept as provided in paragraphs (2) and (3) of this 

23 subsection. 

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

25 and procedures provided in subsections (b) and (c) of 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•HR 1065 RH

1 section 722 of the Revised Statutes (42 U.S.C. 1988) 

2 shall be the powers, remedies, and procedures this Act 

3 provides to the Commission or any person alleging 

4 such practice. 

5 (3) DAMAGES.—The powers, remedies, and pro6 cedures provided in section 1977A of the Revised 

7 Statutes (42 U.S.C. 1981a), including the limitations 

8 contained in subsection (b)(3) of such section 1977A, 

9 shall be the powers, remedies, and procedures this Act 

10 provides to the Commission or any person alleging 

11 such practice (not an employment practice specifi12 cally excluded from coverage under section 

13 1977A(a)(1) of the Revised Statutes). 

14 (e) EMPLOYEES COVERED BY SECTION 717 OF THE

15 CIVIL RIGHTS ACT OF 1964.— 

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

17 procedures provided in section 717 of the Civil Rights 

18 Act of 1964 (42 U.S.C. 2000e–16) to the Commission, 

19 the Attorney General, the Librarian of Congress, or 

20 any person alleging a violation of that section shall 

21 be the powers, remedies, and procedures this Act pro22 vides to the Commission, the Attorney General, the 

23 Librarian of Congress, or any person, respectively, al24 leging an unlawful employment practice in violation 

25 of this Act against an employee described in section 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•HR 1065 RH

1 5(3)(E) except as provided in paragraphs (2) and (3) 

2 of this subsection. 

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

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

5 section 722 of the Revised Statutes (42 U.S.C. 1988) 

6 shall be the powers, remedies, and procedures this Act 

7 provides to the Commission, the Attorney General, the 

8 Librarian of Congress, or any person alleging such 

9 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 limitations 

13 contained in subsection (b)(3) of such section 1977A, 

14 shall be the powers, remedies, and procedures this Act 

15 provides to the Commission, the Attorney General, the 

16 Librarian of Congress, or any person alleging such 

17 practice (not an employment practice specifically ex18 cluded from coverage under section 1977A(a)(1) of the 

19 Revised Statutes). 

20 (f) PROHIBITION AGAINST RETALIATION.— 

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

22 against any employee because such employee has op23 posed any act or practice made unlawful by this Act 

24 or because such employee made a charge, testified, asVerDate Sep 11 2014 19:59 May 04, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H1065.RH H1065

pamtmann on DSKBC07HB2PROD with BILLS
13 

•HR 1065 RH

1 sisted, 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 oth12 erwise provided for under this section shall be avail13 able to aggrieved individuals with respect to viola14 tions of this subsection. 

15 (g) LIMITATION.—Notwithstanding subsections (a)(3), 

16 (b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful employment 

17 practice involves the provision of a reasonable accommoda18 tion pursuant to this Act or regulations implementing this 

19 Act, damages may not be awarded under section 1977A of 

20 the Revised Statutes (42 U.S.C. 1981a) if the covered entity 

21 demonstrates good faith efforts, in consultation with the em22 ployee with known limitations related to pregnancy, child23 birth, or related medical conditions who has informed the 

24 covered entity that accommodation is needed, to identify 

25 and make a reasonable accommodation that would provide 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•HR 1065 RH

1 such employee with an equally effective opportunity and 

2 would not cause an undue hardship on the operation of the 

3 covered entity. 

4 SEC. 4. RULEMAKING. 

5 Not later than 2 years after the date of enactment of 

6 this Act, the Commission shall issue regulations in an acces7 sible format in accordance with subchapter II of chapter 

8 5 of title 5, United States Code, to carry out this Act. Such 

9 regulations shall provide examples of reasonable accom10 modations addressing known limitations related to preg11 nancy, childbirth, or related medical conditions. 

12 SEC. 5. DEFINITIONS. 

13 As used in this Act— 

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

15 Employment Opportunity Commission; 

16 (2) the term ‘‘covered entity’’— 

17 (A) has the meaning given the term ‘‘re18 spondent’’ in section 701(n) of the Civil Rights 

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

20 (B) includes— 

21 (i) an employer, which means a person 

22 engaged in industry affecting commerce who 

23 has 15 or more employees as defined in sec24 tion 701(b) of title VII of the Civil Rights 

25 Act of 1964 (42 U.S.C. 2000e(b)); 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•HR 1065 RH

1 (ii) an employing office, as defined in 

2 section 101 of the Congressional Account3 ability Act of 1995 (2 U.S.C. 1301) and sec4 tion 411(c) of title 3, United States Code; 

5 (iii) an entity employing a State em6 ployee described in section 304(a) of the 

7 Government Employee Rights Act of 1991 

8 (42 U.S.C. 2000e–16c(a)); and 

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

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

11 2000e–16(a)) applies; 

12 (3) the term ‘‘employee’’ means— 

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

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

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

16 (B) a covered employee (including an appli17 cant), as defined in section 101 of the Congres18 sional Accountability Act of 1995 (2 U.S.C. 

19 1301); 

20 (C) a covered employee (including an appli21 cant), as defined in section 411(c) of title 3, 

22 United States Code; 

23 (D) a State employee (including an appli24 cant) described in section 304(a) of the GovernVerDate Sep 11 2014 19:59 May 04, 2021 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\H1065.RH H1065

pamtmann on DSKBC07HB2PROD with BILLS
16 

•HR 1065 RH

1 ment Employee Rights Act of 1991 (42 U.S.C. 

2 2000e–16c(a)); or 

3 (E) an employee (including an applicant) 

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

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

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

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

8 1964 (42 U.S.C. 2000e(a)); 

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

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

11 out of pregnancy, childbirth, or related medical condi12 tions that the employee or employee’s representative 

13 has communicated to the employer whether or not 

14 such condition meets the definition of disability speci15 fied in section 3 of the Americans with Disabilities 

16 Act of 1990 (42 U.S.C. 12102); 

17 (6) the term ‘‘qualified employee’’ means an em18 ployee or applicant who, with or without reasonable 

19 accommodation, can perform the essential functions of 

20 the employment position, except that an employee or 

21 applicant shall be considered qualified if— 

22 (A) any inability to perform an essential 

23 function is for a temporary period; 

24 (B) the essential function could be per25 formed in the near future; and 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•HR 1065 RH

1 (C) the inability to perform the essential 

2 function can be reasonably accommodated; and 

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

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

5 terms in section 101 of the Americans with Disabil6 ities Act of 1990 (42 U.S.C. 12111) and shall be con7 strued as such terms are construed under such Act 

8 and as set forth in the regulations required by this 

9 Act, including with regard to the interactive process 

10 that will typically be used to determine an appro11 priate reasonable accommodation. 

12 SEC. 6. WAIVER OF STATE IMMUNITY. 

13 A State shall not be immune under the 11th Amend14 ment to the Constitution from an action in a Federal or 

15 State court of competent jurisdiction for a violation of this 

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

17 Act, remedies (including remedies both at law and in eq18 uity) are available for such a violation to the same extent 

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

20 action against any public or private entity other than a 

21 State. 

22 SEC. 7. RELATIONSHIP TO OTHER LAWS. 

23 Nothing in this Act shall be construed to invalidate 

24 or limit the powers, remedies, and procedures under any 

25 Federal law or law of any State or political subdivision 


pamtmann on DSKBC07HB2PROD with BILLS
18 

•HR 1065 RH

1 of any State or jurisdiction that provides greater or equal 

2 protection for individuals affected by pregnancy, childbirth, 

3 or related medical conditions. 

4 SEC. 8. SEVERABILITY. 

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

6 provision to particular persons or circumstances is held in7 valid or found to be unconstitutional, the remainder of this 

8 Act and the application of that provision to other persons 

9 or circumstances shall not be affected. 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 14 

117TH CONGRESS 

1ST SESSION H. R. 1065 

[Report No. 117–27, Part I] 

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 reasonMAY 4, 2021 

Reported from the Committee on Education and Labor 

with an amendment 

MAY 4, 2021 

Committees on House Administration, Oversight and ReUnion and ordered to be printed Committee of the Whole House on the State of the form, and the Judiciary discharged; committed to the 


pamtmann on DSKBC07HB2PROD with BILLS