IIB 

116TH CONGRESS 

2D SESSION H. R. 2694 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2020 

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. 

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. NONDISCRIMINATION WITH REGARD TO REASON5 ABLE ACCOMMODATIONS RELATED TO PREG6 NANCY. 

7 It shall be an unlawful employment practice for a cov8 ered entity to— 

9 (1) not make reasonable accommodations to the 

10 known limitations related to the pregnancy, child11 birth, or related medical conditions of a qualified 

12 employee, unless such covered entity can dem13 onstrate that the accommodation would impose an 

14 undue hardship on the operation of the business of 

15 such covered entity; 

16 (2) require a qualified employee affected by 

17 pregnancy, childbirth, or related medical conditions 

18 to accept an accommodation other than any reason19 able accommodation arrived at through the inter20 active process referred to in section 5(7); 

21 (3) deny employment opportunities to a quali22 fied employee if such denial is based on the need of 

23 the covered entity to make reasonable accommoda24 tions to the known limitations related to the preg25 nancy, childbirth, or related medical conditions of a 

26 qualified employee; 


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

2 whether paid or unpaid, if another reasonable ac3 commodation can be provided to the known limita4 tions related to the pregnancy, childbirth, or related 

5 medical conditions of a qualified employee; or 

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

7 privileges of employment against a qualified em8 ployee on account of the employee requesting or 

9 using a reasonable accommodation to the known lim10 itations related to the pregnancy, childbirth, or re11 lated medical conditions of the 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, remedies, and 

16 procedures 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 such Act (42 U.S.C. 2000e et seq.) shall 

21 be the powers, remedies, and procedures this Act 

22 provides to the Commission, the Attorney General, 

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


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1 employee described in section 5(3)(A) 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, or any person 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, the At15 torney General, or any person alleging such practice 

16 (not an employment practice specifically excluded 

17 from coverage under section 1977A(a)(1) of the Re18 vised Statutes). 

19 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC20 COUNTABILITY ACT OF 1995.— 

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

22 procedures provided in the Congressional Account23 ability Act of 1995 (2 U.S.C. 1301 et seq.) to the 

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

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


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

2 shall be the powers, remedies, and procedures this 

3 Act provides to the Board or any person, respec4 tively, alleging an unlawful employment practice in 

5 violation of this Act against an employee described 

6 in section 5(3)(B), except as provided in paragraphs 

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

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 (42 U.S.C. 

11 1988) shall be the powers, remedies, and procedures 

12 this Act provides to the Board or any person alleg13 ing 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 Board or any person 

20 alleging such practice (not an employment practice 

21 specifically excluded from coverage under section 

22 1977A(a)(1) of the Revised Statutes). 

23 (4) OTHER APPLICABLE PROVISIONS.—With re24 spect to a claim alleging a practice described in 

25 paragraph (1), title III of the Congressional AcVerDate Sep 11 2014 21:21 Sep 18, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2694.RFS H2694

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1 countability Act of 1995 (2 U.S.C. 1381 et seq.) 

2 shall apply in the same manner as such title applies 

3 with respect to a claim alleging a violation of section 

4 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). 

5 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

6 3, UNITED STATES CODE.— 

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

8 procedures provided in chapter 5 of title 3, United 

9 States Code, to the President, the Commission, the 

10 Merit Systems Protection Board, or any person al11 leging a violation of section 411(a)(1) of such title 

12 shall be the powers, remedies, and procedures this 

13 Act provides to the President, the Commission, the 

14 Board, or any person, respectively, alleging an un15 lawful employment practice in violation of this Act 

16 against an employee described in section 5(3)(C), ex17 cept as provided in paragraphs (2) and (3) of this 

18 subsection. 

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

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

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

22 1988) shall be the powers, remedies, and procedures 

23 this Act provides to the President, the Commission, 

24 the Board, or any person alleging such practice. 


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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 limita4 tions contained in subsection (b)(3) of such section 

5 1977A, shall be the powers, remedies, and proce6 dures this Act provides to the President, the Com7 mission, the Board, or any person alleging such 

8 practice (not an employment practice specifically ex9 cluded from coverage under section 1977A(a)(1) of 

10 the Revised Statutes). 

11 (d) EMPLOYEES COVERED BY GOVERNMENT EM12 PLOYEE RIGHTS ACT OF 1991.— 

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

14 procedures provided in sections 302 and 304 of the 

15 Government Employee Rights Act of 1991 (42 

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

17 or any person alleging a violation of section 

18 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1)) 

19 shall be the powers, remedies, and procedures this 

20 Act provides to the Commission or any person, re21 spectively, alleging an unlawful employment practice 

22 in violation of this Act against an employee de23 scribed in section 5(3)(D), except as provided in 

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


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

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

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

4 1988) shall be the powers, remedies, and procedures 

5 this Act provides to the Commission or any person 

6 alleging such practice. 

7 (3) DAMAGES.—The powers, remedies, and pro8 cedures provided in section 1977A of the Revised 

9 Statutes (42 U.S.C. 1981a), including the limita10 tions contained in subsection (b)(3) of such section 

11 1977A, shall be the powers, remedies, and proce12 dures this Act provides to the Commission or any 

13 person alleging such practice (not an employment 

14 practice specifically excluded from coverage under 

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

16 (e) EMPLOYEES COVERED BY SECTION 717 OF THE

17 CIVIL RIGHTS ACT OF 1964.— 

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

19 procedures provided in section 717 of the Civil 

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

21 Commission, the Attorney General, the Librarian of 

22 Congress, or any person alleging a violation of that 

23 section shall be the powers, remedies, and proce24 dures this Act provides to the Commission, the At25 torney General, the Librarian of Congress, or any 


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1 person, respectively, alleging an unlawful employ2 ment practice in violation of this Act against an em3 ployee described in section 5(3)(E), 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, the Librarian of Congress, or any person 

11 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, the Librarian of Congress, or any 

19 person alleging such practice (not an employment 

20 practice specifically excluded from coverage under 

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

22 (f) PROHIBITION AGAINST RETALIATION.— 

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

24 against any employee because such employee has op25 posed any act or practice made unlawful by this Act 


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1 or because such employee made a charge, testified, 

2 assisted, or participated in any manner in an inves3 tigation, proceeding, or hearing under this Act. 

4 (2) PROHIBITION AGAINST COERCION.—It shall 

5 be unlawful to coerce, intimidate, threaten, or inter6 fere with any individual in the exercise or enjoyment 

7 of, or on account of such individual having exercised 

8 or enjoyed, or on account of such individual having 

9 aided or encouraged any other individual in the exer10 cise or enjoyment of, any right granted or protected 

11 by this Act. 

12 (3) REMEDY.—The remedies and procedures 

13 otherwise provided for under this section shall be 

14 available to aggrieved individuals with respect to vio15 lations of this subsection. 

16 (g) LIMITATION.—Notwithstanding subsections 

17 (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful em18 ployment practice involves the provision of a reasonable 

19 accommodation pursuant to this Act or regulations imple20 menting this Act, damages may not be awarded under sec21 tion 1977A of the Revised Statutes (42 U.S.C. 1981a) if 

22 the covered entity demonstrates good faith efforts, in con23 sultation with the employee with known limitations related 

24 to pregnancy, childbirth, or related medical conditions who 

25 has informed the covered entity that accommodation is 


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1 needed, to identify and make a reasonable accommodation 

2 that would provide such employee with an equally effective 

3 opportunity and would not cause an undue hardship on 

4 the operation of the covered entity. 

5 SEC. 4. RULEMAKING. 

6 Not later than 2 years after the date of enactment 

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

8 accessible format in accordance with subchapter II of 

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

10 Act. Such regulations shall provide examples of reasonable 

11 accommodations addressing known limitations related to 

12 pregnancy, childbirth, or related medical conditions. 

13 SEC. 5. DEFINITIONS. 

14 As used in this Act— 

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

16 Employment Opportunity Commission; 

17 (2) the term ‘‘covered entity’’— 

18 (A) has the meaning given the term ‘‘re19 spondent’’ in section 701(n) of the Civil Rights 

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

21 (B) includes— 

22 (i) an employer, which means a per23 son engaged in industry affecting com24 merce who has 15 or more employees as 

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


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

2 2000e(b)); 

3 (ii) an employing office, as defined in 

4 section 101 of the Congressional Account5 ability Act of 1995 (2 U.S.C. 1301) and 

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

7 Code; 

8 (iii) an entity employing a State em9 ployee described in section 304(a) of the 

10 Government Employee Rights Act of 1991 

11 (42 U.S.C. 2000e–16c(a)); and 

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

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

14 2000e–16(a)) applies; 

15 (3) the term ‘‘employee’’ means— 

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

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

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

19 (B) a covered employee (including an ap20 plicant), as defined in section 101 of the Con21 gressional Accountability Act of 1995 (2 U.S.C. 

22 1301); 

23 (C) a covered employee (including an appli24 cant), as defined in section 411(c) of title 3, 

25 United States Code; 


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1 (D) a State employee (including an appli2 cant) described in section 304(a) of the Govern3 ment Employee Rights Act of 1991 (42 U.S.C. 

4 2000e–16c(a)); or 

5 (E) an employee (including an applicant) 

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

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

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

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

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

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

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

13 out of pregnancy, childbirth, or related medical con14 ditions that the employee or employee’s representa15 tive has communicated to the employer whether or 

16 not such condition meets the definition of disability 

17 specified in section 3 of the Americans with Disabil18 ities Act of 1990 (42 U.S.C. 12102); 

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

20 employee or applicant who, with or without reason21 able accommodation, can perform the essential func22 tions of the employment position, except that an em23 ployee or applicant shall be considered qualified if— 

24 (A) any inability to perform an essential 

25 function is for a temporary period; 


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1 (B) the essential function could be per2 formed in the near future; and 

3 (C) the inability to perform the essential 

4 function can be reasonably accommodated; and 

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

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

7 terms in section 101 of the Americans with Disabil8 ities Act of 1990 (42 U.S.C. 12111) and shall be 

9 construed as such terms are construed under such 

10 Act and as set forth in the regulations required by 

11 this Act, including with regard to the interactive 

12 process that will typically be used to determine an 

13 appropriate reasonable accommodation. 

14 SEC. 6. WAIVER OF STATE IMMUNITY. 

15 A State shall not be immune under the 11th Amend16 ment to the Constitution from an action in a Federal or 

17 State court of competent jurisdiction for a violation of this 

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

19 Act, remedies (including remedies both at law and in eq20 uity) are available for such a violation to the same extent 

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

22 action against any public or private entity other than a 

23 State. 


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1 SEC. 7. RELATIONSHIP TO OTHER LAWS. 

2 Nothing in this Act shall be construed to invalidate 

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

4 Federal law or law of any State or political subdivision 

5 of any State or jurisdiction that provides greater or equal 

6 protection for individuals affected by pregnancy, child7 birth, or related medical conditions. 

8 SEC. 8. SEVERABILITY. 

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

10 provision to particular persons or circumstances is held 

11 invalid or found to be unconstitutional, the remainder of 

12 this Act and the application of that provision to other per13 sons or circumstances shall not be affected. 

Passed the House of Representatives September 17, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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