I 
112TH CONGRESS 
2D SESSION 
H. R. 5647 
To eliminate discrimination and promote women’s health and economic secu-
rity 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 Cali-
fornia, 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. CAR-
SON 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 Work-
force, and in addition to the Committees on House Administration, Over-
sight and Government Reform, and the Judiciary, for a period to be sub-
sequently 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 ac-
commodations for workers whose ability to perform the 
functions of a job are limited by pregnancy, childbirth, 
or a related medical condition. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Pregnant Workers 
Fairness Act’’. 
SEC. 2. NONDISCRIMINATION WITH REGARD TO REASON-
ABLE ACCOMMODATIONS RELATED TO PREG-
NANCY. 
It shall be an unlawful employment practice for a cov-
ered entity to— 
(1) not make reasonable accommodations to the 
known limitations related to the pregnancy, child-
birth, or related medical conditions of a job appli-
cant or employee, unless such covered entity can 
demonstrate that the accommodation would impose 
an undue hardship on the operation of the business 
of such covered entity; 
(2) deny employment opportunities to a job ap-
plicant or employee, if such denial is based on the 
need of the covered entity to make reasonable ac-
commodations to the known limitations related to 
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the pregnancy, childbirth, or related medical condi-
tions of an employee or applicant; 
(3) require a job applicant or employee affected 
by pregnancy, childbirth, or related medical condi-
tions to accept an accommodation that such appli-
cant or employee chooses not to accept; or 
(4) require an employee to take leave under any 
leave law or policy of the covered entity if another 
reasonable accommodation can be provided to the 
known limitations related to the pregnancy, child-
birth, or related medical conditions of an employee. 
SEC. 3. REMEDIES AND ENFORCEMENT. 
(a) EMPLOYEES COVERED BY TITLE VII OF THE 
CIVIL RIGHTS ACT OF 1964.— 
(1) IN GENERAL.—The powers, procedures, and 
remedies provided in sections 705, 706, 707, 709, 
710, and 711 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–4 et seq.) to the Commission, the At-
torney General, or any person, alleging a violation of 
title VII of that Act (42 U.S.C. 2000e et seq.) shall 
be the powers, procedures, and remedies this title 
provides to the Commission, the Attorney General, 
or any person, respectively, alleging an unlawful em-
ployment practice in violation of this title against an 
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employee described in section 5(2)(A), except as pro-
vided in paragraphs (2) and (3). 
(2) COSTS AND FEES.—The powers, remedies, 
and procedures provided in subsections (b) and (c) 
of section 722 of the Revised Statutes of the United 
States (42 U.S.C. 1988), shall be the powers, rem-
edies, and procedures this title provides to the Com-
mission, the Attorney General, or any person, alleg-
ing such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes of the United States (42 U.S.C. 1981a), in-
cluding the limitations contained in subsection (b)(3) 
of such section 1977A, shall be the powers, rem-
edies, and procedures this title provides to the Com-
mission, the Attorney General, or any person, alleg-
ing such a practice (not an employment practice spe-
cifically excluded from coverage under section 
1977A(a)(1) of the Revised Statutes of the United 
States). 
(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.— 
(1) IN GENERAL.—The powers, remedies, and 
procedures provided in the Congressional Account-
ability Act of 1995 (2 U.S.C. 1301 et seq.) to the 
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Board (as defined in section 101 of that Act (2 
U.S.C. 1301)), or any person, alleging a violation of 
section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) 
shall be the powers, remedies, and procedures this 
title provides to that Board, or any person, alleging 
an unlawful employment practice in violation of this 
title against an employee described in section 
5(2)(B), except as provided in paragraphs (2) and 
(3). 
(2) COSTS AND FEES.—The powers, remedies, 
and procedures provided in subsections (b) and (c) 
of section 722 of the Revised Statutes of the United 
States (42 U.S.C. 1988), shall be the powers, rem-
edies, and procedures this title provides to that 
Board, or any person, alleging such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes of the United States (42 U.S.C. 1981a), in-
cluding the limitations contained in subsection (b)(3) 
of such section 1977A, shall be the powers, rem-
edies, and procedures this title provides to that 
Board, or any person, alleging such a practice (not 
an employment practice specifically excluded from 
coverage under section 1977A(a)(1) of the Revised 
Statutes of the United States). 
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(4) OTHER APPLICABLE PROVISIONS.—With re-
spect to a claim alleging a practice described in 
paragraph (1), title III of the Congressional Ac-
countability Act of 1995 (2 U.S.C. 1381 et seq.) 
shall apply in the same manner as such title applies 
with respect to a claim alleging a violation of section 
201(a)(1) of such Act (2 U.S.C. 1311(a)(1)). 
(c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 
3, UNITED STATES CODE.— 
(1) IN GENERAL.—The powers, remedies, and 
procedures provided in chapter 5 of title 3, United 
States Code, to the President, the Commission, the 
Merit Systems Protection Board, or any person, al-
leging a violation of section 411(a)(1) of that title, 
shall be the powers, remedies, and procedures this 
title provides to the President, the Commission, such 
Board, or any person, respectively, alleging an un-
lawful employment practice in violation of this title 
against an employee described in section 5(2)(C), ex-
cept as provided in paragraphs (2) and (3). 
(2) COSTS AND FEES.—The powers, remedies, 
and procedures provided in subsections (b) and (c) 
of section 722 of the Revised Statutes of the United 
States (42 U.S.C. 1988), shall be the powers, rem-
edies, and procedures this title provides to the Presi-
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dent, the Commission, such Board, or any person, 
alleging such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes of the United States (42 U.S.C. 1981a), in-
cluding the limitations contained in subsection (b)(3) 
of such section 1977A, shall be the powers, rem-
edies, and procedures this title provides to the Presi-
dent, the Commission, such Board, or any person, 
alleging such a practice (not an employment practice 
specifically excluded from coverage under section 
1977A(a)(1) of the Revised Statutes of the United 
States). 
(d) EMPLOYEES COVERED
BY GOVERNMENT EM-
PLOYEE RIGHTS ACT OF 1991.— 
(1) IN GENERAL.—The powers, remedies, and 
procedures provided in sections 302 and 304 of the 
Government Employee Rights Act of 1991 (42 
U.S.C. 2000e–16b, 2000e–16c) to the Commission, 
or any person, alleging a violation of section 
302(a)(1) of that Act (42 U.S.C. 2000e–16b(a)(1)) 
shall be the powers, remedies, and procedures this 
title provides to the Commission, or any person, re-
spectively, alleging an unlawful employment practice 
in violation of this title against an employee de-
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scribed in section 5(2)(D), except as provided in 
paragraphs (2) and (3). 
(2) COSTS AND FEES.—The powers, remedies, 
and procedures provided in subsections (b) and (c) 
of section 722 of the Revised Statutes of the United 
States (42 U.S.C. 1988), shall be the powers, rem-
edies, and procedures this title provides to the Com-
mission, or any person, alleging such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes of the United States (42 U.S.C. 1981a), in-
cluding the limitations contained in subsection (b)(3) 
of such section 1977A, shall be the powers, rem-
edies, and procedures this title provides to the Com-
mission, or any person, alleging such a practice (not 
an employment practice specifically excluded from 
coverage under section 1977A(a)(1) of the Revised 
Statutes of the United States). 
(e) EMPLOYEES COVERED BY SECTION 717 OF THE 
CIVIL RIGHTS ACT OF 1964.— 
(1) IN GENERAL.—The powers, remedies, and 
procedures provided in section 717 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e–16) to the 
Commission, the Attorney General, the Librarian of 
Congress, or any person, alleging a violation of that 
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section shall be the powers, remedies, and proce-
dures this title provides to the Commission, the At-
torney General, the Librarian of Congress, or any 
person, respectively, alleging an unlawful employ-
ment practice in violation of this title against an em-
ployee or applicant described in section 2(2)(E), ex-
cept as provided in paragraphs (2) and (3). 
(2) COSTS AND FEES.—The powers, remedies, 
and procedures provided in subsections (b) and (c) 
of section 722 of the Revised Statutes of the United 
States (42 U.S.C. 1988), shall be the powers, rem-
edies, and procedures this title provides to the Com-
mission, the Attorney General, the Librarian of Con-
gress, or any person, alleging such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes of the United States (42 U.S.C. 1981a), in-
cluding the limitations contained in subsection (b)(3) 
of such section 1977A, shall be the powers, rem-
edies, and procedures this title provides to the Com-
mission, the Attorney General, the Librarian of Con-
gress, or any person, alleging such a practice (not an 
employment practice specifically excluded from cov-
erage under section 1977A(a)(1) of the Revised 
Statutes of the United States). 
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(f) PROHIBITION AGAINST RETALIATION.—No per-
son shall discriminate against any individual because such 
individual has opposed any act or practice made unlawful 
by this title or because such individual made a charge, 
testified, assisted, or participated in any manner in an in-
vestigation, proceeding, or hearing under this title. The 
remedies and procedures otherwise provided for under this 
section shall be available to aggrieved individuals with re-
spect to violations of this subsection. 
SEC. 4. RULEMAKING. 
Not later than 2 years after the date of enactment 
of this Act, the Commission shall issue regulations in an 
accessible format in accordance with subchapter II of 
chapter 5 of title 5, United States Code, to carry out this 
Act. Such regulations shall identify some reasonable ac-
commodations addressing known limitations related to 
pregnancy, childbirth, or related medical conditions that 
shall be provided to a job applicant or employee affected 
by such known limitations unless the covered entity can 
demonstrate that doing so would impose an undue hard-
ship. 
SEC. 5. DEFINITIONS. 
As used in this Act— 
(1) the term ‘‘Commission’’ means the Equal 
Employment Opportunity Commission; 
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(2) the term ‘‘covered entity’’— 
(A) has the meaning given the term ‘‘re-
spondent’’ in section 701(n) of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e(n)); and 
(B) includes— 
(i) an employing office, as defined in 
section 101 of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1301) and 
section 411(c) of title 3, United States 
Code; 
(ii) an entity employing a State em-
ployee described in section 304(a) of the 
Government Employee Rights Act of 1991 
(12 U.S.C. 1220(a)); and 
(iii) an entity to which section 717(a) 
of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–16(a)) applies; 
(3) the term ‘‘employee’’ means— 
(A) an employee (including an applicant), 
as defined in section 701(f) of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e(f)); 
(B) a covered employee (including an ap-
plicant), as defined in section 101 of the Con-
gressional Accountability Act of 1995 (2 U.S.C. 
1301); 
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(C) a covered employee (including an appli-
cant), as defined in section 411(c) of title 3, 
United States Code; 
(D) a State employee (including an appli-
cant) described in section 304(a) of the Govern-
ment Employee Rights Act of 1991 (12 U.S.C. 
1220(a)); or 
(E) an employee (including an applicant) 
to which section 717(a) of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e–16(a)) applies; 
(4) the term ‘‘person’’ has the meaning given 
such term in section 701(a) of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e(a)); and 
(5) the terms ‘‘reasonable accommodation’’ and 
‘‘undue hardship’’ have the meanings given such 
terms in section 101 of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12111) and shall be 
construed as such terms have been construed under 
such Act and as set forth in the regulations required 
by this Act. 
SEC. 6. RELATIONSHIP TO OTHER LAWS. 
Nothing in this Act shall be construed to invalidate 
or limit the remedies, rights, and procedures of any Fed-
eral law or law of any State or political subdivision of any 
State or jurisdiction that provides greater or equal protec-
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tion for workers affected by pregnancy, childbirth, or re-
lated medical conditions. 
Æ 
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