I 

114TH CONGRESS 

1ST SESSION H. R. 2654 

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 

JUNE 4, 2015 

Mr. NADLER (for himself, Mr. SCOTT of Virginia, Mrs. CAROLYN B. MALONEY of New York, Ms. SPEIER, Mrs. DAVIS of California, Ms. FUDGE, 

Mr. BERA, Mr. BLUMENAUER, Ms. BONAMICI, Ms. BORDALLO, Mr. 

BRADY of Pennsylvania, Ms. BROWNLEY of California, Mrs. BUSTOS, Mr. 

CA ́RDENAS, Mrs. CAPPS, Mr. CAPUANO, Mr. CARNEY, Mr. CARSON of Indiana, Mr. CARTWRIGHT, Ms. CASTOR of Florida, Mr. CICILLINE, Ms. 

CLARK of Massachusetts, Ms. CLARKE of New York, Mr. CONNOLLY, Mr. 

CONYERS, Mr. COOPER, Mr. COURTNEY, Mr. CROWLEY, Mr. CUMMINGS, 

Mr. DANNY K. DAVIS of Illinois, Mr. DEFAZIO, Ms. DEGETTE, Ms. 

DELAURO, Ms. DELBENE, Mr. DESAULNIER, Mr. MICHAEL F. DOYLE

of Pennsylvania, Mr. ELLISON, Mr. ENGEL, Ms. ESHOO, Ms. ESTY, Mr. 

FARR, Ms. FRANKEL of Florida, Mr. GARAMENDI, Mr. GRAYSON, Mr. 

GRIJALVA, Mr. GUTIE ́RREZ, Ms. HAHN, Mr. HASTINGS, Mr. HIGGINS, 

Mr. HIMES, Mr. HONDA, Mr. HUFFMAN, Mr. ISRAEL, Ms. JACKSON LEE, 

Mr. JOHNSON of Georgia, Ms. KAPTUR, Mr. KEATING, Mr. KENNEDY, 

Ms. KUSTER, Mr. LANGEVIN, Mr. LARSEN of Washington, Mrs. LAWRENCE, Ms. LEE, Mr. LEVIN, Mr. LEWIS, Mr. LIPINSKI, Ms. LOFGREN, 

Mr. LOWENTHAL, Ms. MICHELLE LUJAN GRISHAM of New Mexico, Mr. 

LYNCH, Mr. SEAN PATRICK MALONEY of New York, Ms. MATSUI, Ms. 

MCCOLLUM, Mr. MCDERMOTT, Mr. MCGOVERN, Mr. MCNERNEY, Ms. 

MENG, Ms. MOORE, Mrs. NAPOLITANO, Mr. NOLAN, Ms. NORTON, Mr. 

PASCRELL, Mr. PERLMUTTER, Mr. PETERS, Ms. PINGREE, Mr. POCAN, 

Mr. POLIS, Mr. PRICE of North Carolina, Mr. QUIGLEY, Mr. RANGEL, 

Mr. RUSH, Mr. RYAN of Ohio, Ms. LINDA T. SA ́NCHEZ of California, Mr. 

SARBANES, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SERRANO, Mr. SHERMAN, Ms. SINEMA, Ms. SLAUGHTER, Mr. SMITH of Washington, Mr. 

TAKANO, Mr. THOMPSON of California, Mr. TONKO, Ms. TSONGAS, Mr. 

VAN HOLLEN, Mr. VEASEY, Ms. VELA ́ZQUEZ, Ms. WASSERMAN

SCHULTZ, Mrs. WATSON COLEMAN, and Ms. WILSON of Florida) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on House 


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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 

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 


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1 an undue hardship on the operation of the business 

2 of such covered entity; 

3 (2) 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, if such ac7 commodation is unnecessary to enable the applicant 

8 or employee to perform her job; 

9 (3) deny employment opportunities to a job ap10 plicant or employee, if such denial is based on the 

11 need of the covered entity to make reasonable ac12 commodations to the known limitations related to 

13 the pregnancy, childbirth, or related medical condi14 tions of an employee or applicant; 

15 (4) require an employee to take leave, whether 

16 paid or unpaid, if another reasonable accommodation 

17 can be provided to the known limitations related to 

18 the pregnancy, childbirth, or related medical condi19 tions of an employee; or 

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

21 privileges of employment against an employee on ac22 count of the employee requesting or using a reason23 able accommodation to the known limitations related 

24 to the pregnancy, childbirth, or related medical con25 ditions of the employee. 


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1 SEC. 3. REMEDIES AND ENFORCEMENT. 

2 (a) EMPLOYEES COVERED BY TITLE VII OF THE

3 CIVIL RIGHTS ACT OF 1964.— 

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

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

6 710, and 711 of the Civil Rights Act of 1964 (42 

7 U.S.C. 2000e–4 et seq.) to the Commission, the At8 torney General, or any person, alleging a violation of 

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

10 be the powers, procedures, and remedies this Act 

11 provides to the Commission, the Attorney General, 

12 or any person, respectively, alleging an unlawful em13 ployment practice in violation of this Act against an 

14 employee described in section 5(3)(A), except as pro15 vided in paragraphs (2) and (3). 

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

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

18 of section 722 of the Revised Statutes of the United 

19 States (42 U.S.C. 1988), shall be the powers, rem20 edies, and procedures this Act provides to the Com21 mission, the Attorney General, or any person, alleg22 ing such a practice. 

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

25 Statutes of the United States (42 U.S.C. 1981a), in26 cluding the limitations contained in subsection (b)(3) 


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1 of such section 1977A, shall be the powers, rem2 edies, and procedures this Act provides to the Com3 mission, the Attorney General, or any person, alleg4 ing such a practice (not an employment practice spe5 cifically excluded from coverage under section 

6 1977A(a)(1) of the Revised Statutes of the United 

7 States). 

8 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC9 COUNTABILITY ACT OF 1995.— 

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

11 procedures provided in the Congressional Account12 ability Act of 1995 (2 U.S.C. 1301 et seq.) to the 

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

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

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

16 shall be the powers, remedies, and procedures this 

17 Act provides to that Board, or any person, alleging 

18 an unlawful employment practice in violation of this 

19 Act against an employee described in section 

20 5(3)(B), except as provided in paragraphs (2) and 

21 (3). 

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 of the United 

25 States (42 U.S.C. 1988), shall be the powers, remVerDate Sep 11 2014 04:17 Jun 05, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2654.IH H2654

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1 edies, and procedures this Act provides to that 

2 Board, or any person, 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 Act provides to that 

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

10 an employment practice specifically excluded from 

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

12 Statutes of the United States). 

13 (4) OTHER APPLICABLE PROVISIONS.—With re14 spect to a claim alleging a practice described in 

15 paragraph (1), title III of the Congressional Ac16 countability Act of 1995 (2 U.S.C. 1381 et seq.) 

17 shall apply in the same manner as such title applies 

18 with respect to a claim alleging a violation of section 

19 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). 

20 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

21 3, UNITED STATES CODE.— 

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

23 procedures provided in chapter 5 of title 3, United 

24 States Code, to the President, the Commission, the 

25 Merit Systems Protection Board, or any person, alVerDate Sep 11 2014 04:17 Jun 05, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2654.IH H2654

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1 leging a violation of section 411(a)(1) of that title, 

2 shall be the powers, remedies, and procedures this 

3 Act provides to the President, the Commission, such 

4 Board, or any person, respectively, alleging an un5 lawful employment practice in violation of this Act 

6 against an employee described in section 5(3)(C), 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 Act provides to the Presi13 dent, the Commission, such Board, or any person, 

14 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 Act provides to the Presi21 dent, the Commission, such Board, or any person, 

22 alleging such a practice (not an employment practice 

23 specifically excluded from coverage under section 

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

25 States). 


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1 (d) EMPLOYEES COVERED BY GOVERNMENT EM2 PLOYEE RIGHTS ACT OF 1991.— 

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

4 procedures provided in sections 302 and 304 of the 

5 Government Employee Rights Act of 1991 (42 

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

7 or any person, alleging a violation of section 

8 302(a)(1) of that Act (42 U.S.C. 2000e–16b(a)(1)) 

9 shall be the powers, remedies, and procedures this 

10 Act provides to the Commission, or any person, re11 spectively, alleging an unlawful employment practice 

12 in violation of this Act against an employee de13 scribed in section 5(3)(D), except as provided in 

14 paragraphs (2) and (3). 

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

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

17 of section 722 of the Revised Statutes of the United 

18 States (42 U.S.C. 1988) shall be the powers, rem19 edies, and procedures this Act provides to the Com20 mission, or any person, alleging such a practice. 

21 (3) DAMAGES.—The powers, remedies, and pro22 cedures provided in section 1977A of the Revised 

23 Statutes of the United States (42 U.S.C. 1981a), in24 cluding the limitations contained in subsection (b)(3) 

25 of such section 1977A, shall be the powers, remVerDate Sep 11 2014 04:17 Jun 05, 2015 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2654.IH H2654

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1 edies, and procedures this Act provides to the Com2 mission, or any person, alleging such a practice (not 

3 an employment practice specifically excluded from 

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

5 Statutes of the United States). 

6 (e) EMPLOYEES COVERED BY SECTION 717 OF THE

7 CIVIL RIGHTS ACT OF 1964.— 

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

9 procedures provided in section 717 of the Civil 

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

11 Commission, the Attorney General, the Librarian of 

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

13 section shall be the powers, remedies, and proce14 dures this Act provides to the Commission, the At15 torney General, the Librarian of Congress, or any 

16 person, respectively, alleging an unlawful employ17 ment practice in violation of this Act against an em18 ployee or applicant described in section 5(3)(E), ex19 cept as provided in paragraphs (2) and (3). 

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

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

22 of section 722 of the Revised Statutes of the United 

23 States (42 U.S.C. 1988) shall be the powers, rem24 edies, and procedures this Act provides to the ComVerDate Sep 11 2014 04:17 Jun 05, 2015 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2654.IH H2654

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1 mission, the Attorney General, the Librarian of Con2 gress, or any person, 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 Act provides to the Com9 mission, the Attorney General, the Librarian of Con10 gress, or any person, alleging such a practice (not an 

11 employment practice specifically excluded from cov12 erage under section 1977A(a)(1) of the Revised 

13 Statutes of the United States). 

14 (f) PROHIBITION AGAINST RETALIATION.— 

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

16 against any individual because such individual has 

17 opposed any act or practice made unlawful by this 

18 Act or because such individual made a charge, testi19 fied, assisted, or participated in any manner in an 

20 investigation, proceeding, or hearing under this Act. 

21 (2) PROHIBITION AGAINST COERCION.—It shall 

22 be unlawful to coerce, intimidate, threaten, or inter23 fere with any individual in the exercise or enjoyment 

24 of, or on account of such individual having exercised 

25 or enjoyed, or on account of such individual having 


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1 aided or encouraged any other individual in the exer2 cise or enjoyment of, any right granted or protected 

3 by this Act. 

4 (3) REMEDY.—The remedies and procedures 

5 otherwise provided for under this section shall be 

6 available to aggrieved individuals with respect to vio7 lations of this subsection. 

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 that 

16 shall be provided to a job applicant or employee affected 

17 by such known limitations unless the covered entity can 

18 demonstrate that doing so would impose an undue hard19 ship. 

20 SEC. 5. DEFINITIONS. 

21 As used in this Act— 

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

23 Employment Opportunity Commission; 

24 (2) the term ‘‘covered entity’’— 


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1 (A) has the meaning given the term ‘‘re2 spondent’’ in section 701(n) of the Civil Rights 

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

4 (B) includes— 

5 (i) an employing office, as defined in 

6 section 101 of the Congressional Account7 ability Act of 1995 (2 U.S.C. 1301) and 

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

9 Code; 

10 (ii) an entity employing a State em11 ployee described in section 304(a) of the 

12 Government Employee Rights Act of 1991 

13 (42 U.S.C. 2000e–16c(a)); and 

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

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

16 2000e–16(a)) applies; 

17 (3) the term ‘‘employee’’ means— 

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

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

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

21 (B) a covered employee (including an ap22 plicant), as defined in section 101 of the Con23 gressional Accountability Act of 1995 (2 U.S.C. 

24 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 (42 U.S.C. 

7 2000e–16c(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, including with regard to the interactive 

21 process that will typically be used to determine an 

22 appropriate reasonable accommodation. 

23 SEC. 6. WAIVER OF STATE IMMUNITY. 

24 A State shall not be immune under the 11th Amend25 ment to the Constitution of the United States from an 


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1 action in a Federal or State court of competent jurisdic2 tion for a violation of this Act. In any action against a 

3 State for a violation of the requirements of this Act, rem4 edies (including remedies both at law and in equity) are 

5 available for such a violation to the same extent as such 

6 remedies are available for such a violation in an action 

7 against any public or private entity other than a State. 

8 SEC. 7. RELATIONSHIP TO OTHER LAWS. 

9 Nothing in this Act shall be construed to invalidate 

10 or limit the remedies, rights, and procedures of any Fed11 eral law or law of any State or political subdivision of any 

12 State or jurisdiction that provides greater or equal protec13 tion for workers affected by pregnancy, childbirth, or re14 lated medical conditions. 

Æ 


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