IIB 

117TH CONGRESS 

1ST SESSION H. R. 1065 

IN THE SENATE OF THE UNITED STATES 

MAY 17, 2021 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

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. 


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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 qualified 

14 employee, unless such covered entity can dem15 onstrate that the accommodation would impose an 

16 undue hardship on the operation of the business of 

17 such covered entity; 

18 (2) require a qualified employee affected by 

19 pregnancy, childbirth, or related medical conditions 

20 to accept an accommodation other than any reason21 able accommodation arrived at through the inter22 active process 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 

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1 tions to the known limitations related to the preg2 nancy, childbirth, or related medical conditions of a 

3 qualified employee; 

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

5 whether paid or unpaid, if another reasonable ac6 commodation can be provided to the known limita7 tions related to the pregnancy, childbirth, or related 

8 medical conditions of a qualified employee; or 

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

10 privileges of employment against a qualified em11 ployee on account of the employee requesting or 

12 using a reasonable accommodation to the known lim13 itations related to the pregnancy, childbirth, or re14 lated medical conditions of the employee. 

15 SEC. 3. REMEDIES AND ENFORCEMENT. 

16 (a) EMPLOYEES COVERED BY TITLE VII OF THE

17 CIVIL 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 At22 torney 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 

25 provides to the Commission, the Attorney General, 


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1 or 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) 

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

8 1988) shall be the powers, remedies, and procedures 

9 this Act provides to the Commission, the Attorney 

10 General, or 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 limita14 tions contained in subsection (b)(3) of such section 

15 1977A, shall be the powers, remedies, and proce16 dures this Act provides to the Commission, the At17 torney General, or any person alleging such practice 

18 (not an employment practice specifically excluded 

19 from coverage under section 1977A(a)(1) of the Re20 vised Statutes). 

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 such Act (2 

2 U.S.C. 1301)) or any person alleging a violation 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 the Board or any person, respec6 tively, alleging an unlawful employment practice in 

7 violation of this Act against an employee described 

8 in section 5(3)(B) except as provided in paragraphs 

9 (2) and (3) of this subsection. 

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) shall be the powers, remedies, and procedures 

14 this Act provides to the Board or any person alleg15 ing such practice. 

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

18 Statutes (42 U.S.C. 1981a), including the limita19 tions contained in subsection (b)(3) of such section 

20 1977A, shall be the powers, remedies, and proce21 dures this Act provides to the Board or any person 

22 alleging such practice (not an employment practice 

23 specifically excluded from coverage under section 

24 1977A(a)(1) of the Revised Statutes). 


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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 such title 

15 shall be the powers, remedies, and procedures this 

16 Act provides to the President, the Commission, the 

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

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

21 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 President, the Commission, 

2 the Board, or any person 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 President, the Com9 mission, the Board, or any person alleging such 

10 practice (not an employment practice specifically ex11 cluded from coverage under section 1977A(a)(1) of 

12 the Revised Statutes). 

13 (d) EMPLOYEES COVERED BY GOVERNMENT EM14 PLOYEE RIGHTS ACT OF 1991.— 

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

16 procedures provided in sections 302 and 304 of the 

17 Government Employee Rights Act of 1991 (42 

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

19 or any person alleging a violation of section 

20 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1)) 

21 shall be the powers, remedies, and procedures this 

22 Act provides to the Commission or any person, re23 spectively, alleging an unlawful employment practice 

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1 scribed in section 5(3)(D) except as provided in 

2 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 or any person 

8 alleging such practice. 

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

11 Statutes (42 U.S.C. 1981a), including the limita12 tions contained in subsection (b)(3) of such section 

13 1977A, shall be the powers, remedies, and proce14 dures this Act provides to the Commission or any 

15 person alleging such practice (not an employment 

16 practice specifically excluded from coverage under 

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

18 (e) EMPLOYEES COVERED BY SECTION 717 OF THE

19 CIVIL RIGHTS ACT OF 1964.— 

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

21 procedures provided in section 717 of the Civil 

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

23 Commission, the Attorney General, the Librarian of 

24 Congress, or any person alleging a violation of that 

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1 dures this Act provides to the Commission, the At2 torney General, the Librarian of Congress, or any 

3 person, respectively, alleging an unlawful employ4 ment practice in violation of this Act against an em5 ployee described in section 5(3)(E) except as pro6 vided in paragraphs (2) and (3) of this subsection. 

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

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

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

10 1988) shall be the powers, remedies, and procedures 

11 this Act provides to the Commission, the Attorney 

12 General, the Librarian of Congress, or any person 

13 alleging such practice. 

14 (3) DAMAGES.—The powers, remedies, and pro15 cedures provided in section 1977A of the Revised 

16 Statutes (42 U.S.C. 1981a), including the limita17 tions contained in subsection (b)(3) of such section 

18 1977A, shall be the powers, remedies, and proce19 dures this Act provides to the Commission, the At20 torney General, the Librarian of Congress, or any 

21 person alleging such practice (not an employment 

22 practice specifically excluded from coverage under 

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

24 (f) PROHIBITION AGAINST RETALIATION.— 


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

2 against any employee because such employee has op3 posed any act or practice made unlawful by this Act 

4 or because such employee made a charge, testified, 

5 assisted, or participated in any manner in an inves6 tigation, proceeding, or hearing under this Act. 

7 (2) PROHIBITION AGAINST COERCION.—It shall 

8 be unlawful to coerce, intimidate, threaten, or inter9 fere with any individual in the exercise or enjoyment 

10 of, or on account of such individual having exercised 

11 or enjoyed, or on account of such individual having 

12 aided or encouraged any other individual in the exer13 cise or enjoyment of, any right granted or protected 

14 by this Act. 

15 (3) REMEDY.—The remedies and procedures 

16 otherwise provided for under this section shall be 

17 available to aggrieved individuals with respect to vio18 lations of this subsection. 

19 (g) LIMITATION.—Notwithstanding subsections 

20 (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful em21 ployment practice involves the provision of a reasonable 

22 accommodation pursuant to this Act or regulations imple23 menting this Act, damages may not be awarded under sec24 tion 1977A of the Revised Statutes (42 U.S.C. 1981a) if 

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1 sultation with the employee with known limitations related 

2 to pregnancy, childbirth, or related medical conditions who 

3 has informed the covered entity that accommodation is 

4 needed, to identify and make a reasonable accommodation 

5 that would provide such employee with an equally effective 

6 opportunity and would not cause an undue hardship on 

7 the operation of the covered entity. 

8 SEC. 4. RULEMAKING. 

9 Not later than 2 years after the date of enactment 

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

11 accessible format in accordance with subchapter II of 

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

13 Act. Such regulations shall provide examples of reasonable 

14 accommodations addressing known limitations related to 

15 pregnancy, childbirth, or related medical conditions. 

16 SEC. 5. DEFINITIONS. 

17 As used in this Act— 

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

19 Employment Opportunity Commission; 

20 (2) the term ‘‘covered entity’’— 

21 (A) has the meaning given the term ‘‘re22 spondent’’ in section 701(n) of the Civil Rights 

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

24 (B) includes— 


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1 (i) an employer, which means a per2 son engaged in industry affecting com3 merce who has 15 or more employees as 

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

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

6 2000e(b)); 

7 (ii) an employing office, as defined in 

8 section 101 of the Congressional Account9 ability Act of 1995 (2 U.S.C. 1301) and 

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

11 Code; 

12 (iii) an entity employing a State em13 ployee described in section 304(a) of the 

14 Government Employee Rights Act of 1991 

15 (42 U.S.C. 2000e–16c(a)); and 

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

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

18 2000e–16(a)) applies; 

19 (3) the term ‘‘employee’’ means— 

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

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

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

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1 gressional Accountability Act of 1995 (2 U.S.C. 

2 1301); 

3 (C) a covered employee (including an appli4 cant), as defined in section 411(c) of title 3, 

5 United States Code; 

6 (D) a State employee (including an appli7 cant) described in section 304(a) of the Govern8 ment Employee Rights Act of 1991 (42 U.S.C. 

9 2000e–16c(a)); or 

10 (E) an employee (including an applicant) 

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

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

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

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

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

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

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

18 out of pregnancy, childbirth, or related medical con19 ditions that the employee or employee’s representa20 tive has communicated to the employer whether or 

21 not such condition meets the definition of disability 

22 specified in section 3 of the Americans with Disabil23 ities Act of 1990 (42 U.S.C. 12102); 

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

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1 able accommodation, can perform the essential func2 tions of the employment position, except that an em3 ployee or applicant shall be considered qualified if— 

4 (A) any inability to perform an essential 

5 function is for a temporary period; 

6 (B) the essential function could be per7 formed in the near future; and 

8 (C) the inability to perform the essential 

9 function can be reasonably accommodated; and 

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

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

12 terms in section 101 of the Americans with Disabil13 ities Act of 1990 (42 U.S.C. 12111) and shall be 

14 construed as such terms are construed under such 

15 Act and as set forth in the regulations required by 

16 this Act, including with regard to the interactive 

17 process that will typically be used to determine an 

18 appropriate reasonable accommodation. 

19 SEC. 6. WAIVER OF STATE IMMUNITY. 

20 A State shall not be immune under the 11th Amend21 ment to the Constitution from an action in a Federal or 

22 State court of competent jurisdiction for a violation of this 

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

24 Act, remedies (including remedies both at law and in eq25 uity) are available for such a violation to the same extent 


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

2 action against any public or private entity other than a 

3 State. 

4 SEC. 7. RELATIONSHIP TO OTHER LAWS. 

5 Nothing in this Act shall be construed to invalidate 

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

7 Federal law or law of any State or political subdivision 

8 of any State or jurisdiction that provides greater or equal 

9 protection for individuals affected by pregnancy, child10 birth, or related medical conditions. 

11 SEC. 8. SEVERABILITY. 

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

13 provision to particular persons or circumstances is held 

14 invalid or found to be unconstitutional, the remainder of 

15 this Act and the application of that provision to other per16 sons or circumstances shall not be affected. 

Passed the House of Representatives May 14, 2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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