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 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 
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 Re-
form, and the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in 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. BLU-
MENAUER, 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 
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York, Mr. JONES, Mr. PAPPAS, Ms. SCHRIER, Mr. LANGEVIN, Mr. HIG-
GINS 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. PAS-
CRELL, 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 Geor-
gia, 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. MAT-
SUI, 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 
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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 Judici-
ary 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] 
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A BILL 
To eliminate discrimination and promote women’s health and 
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. 
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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 Fair-
ness 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 qualified em-
ployee, unless such covered entity can demonstrate 
that the accommodation would impose an undue 
hardship on the operation of the business of such cov-
ered entity; 
(2) require a qualified employee affected by preg-
nancy, childbirth, or related medical conditions to ac-
cept an accommodation other than any reasonable ac-
commodation arrived at through the interactive proc-
ess referred to in section 5(7); 
(3) deny employment opportunities to a quali-
fied employee if such denial is based on the need of 
the covered entity to make reasonable accommodations 
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to the known limitations related to the pregnancy, 
childbirth, or related medical conditions of a qualified 
employee; 
(4) require a qualified employee to take leave, 
whether paid or unpaid, if another reasonable accom-
modation can be provided to the known limitations 
related to the pregnancy, childbirth, or related med-
ical conditions of a qualified employee; or 
(5) take adverse action in terms, conditions, or 
privileges of employment against a qualified employee 
on account of the employee requesting or using a rea-
sonable accommodation to the known limitations re-
lated to the pregnancy, childbirth, or related medical 
conditions of the employee. 
SEC. 3. REMEDIES AND ENFORCEMENT. 
(a) EMPLOYEES COVERED BY TITLE VII OF THE CIVIL 
RIGHTS ACT OF 1964.— 
(1) IN
GENERAL.—The powers, remedies, and 
procedures 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 Attor-
ney General, or any person alleging a violation of 
title VII of such Act (42 U.S.C. 2000e et seq.) shall 
be the powers, remedies, and procedures this Act pro-
vides to the Commission, the Attorney General, or 
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any person, respectively, alleging an unlawful em-
ployment practice in violation of this Act against an 
employee described in section 5(3)(A) except as pro-
vided in paragraphs (2) and (3) of this subsection. 
(2) COSTS
AND
FEES.—The powers, remedies, 
and procedures provided in subsections (b) and (c) of 
section 722 of the Revised Statutes (42 U.S.C. 1988) 
shall be the powers, remedies, and procedures this Act 
provides to the Commission, the Attorney General, or 
any person alleging such practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes (42 U.S.C. 1981a), including the limitations 
contained in subsection (b)(3) of such section 1977A, 
shall be the powers, remedies, and procedures this Act 
provides to the Commission, the Attorney General, or 
any person alleging such practice (not an employ-
ment practice specifically excluded from coverage 
under section 1977A(a)(1) of the Revised Statutes). 
(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 
Board (as defined in section 101 of such Act (2 
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U.S.C. 1301)) or any person alleging a violation of 
section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)) 
shall be the powers, remedies, and procedures this Act 
provides to the Board or any person, respectively, al-
leging an unlawful employment practice in violation 
of this Act against an employee described in section 
5(3)(B) except as provided in paragraphs (2) and (3) 
of this subsection. 
(2) COSTS
AND
FEES.—The powers, remedies, 
and procedures provided in subsections (b) and (c) of 
section 722 of the Revised Statutes (42 U.S.C. 1988) 
shall be the powers, remedies, and procedures this Act 
provides to the Board or any person alleging such 
practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes (42 U.S.C. 1981a), including the limitations 
contained in subsection (b)(3) of such section 1977A, 
shall be the powers, remedies, and procedures this Act 
provides to the Board or any person alleging such 
practice (not an employment practice specifically ex-
cluded from coverage under section 1977A(a)(1) of the 
Revised Statutes). 
(4) OTHER APPLICABLE PROVISIONS.—With re-
spect to a claim alleging a practice described in para-
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graph (1), title III of the Congressional Account-
ability 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 alleg-
ing a violation of section 411(a)(1) of such title shall 
be the powers, remedies, and procedures this Act pro-
vides to the President, the Commission, the Board, or 
any person, respectively, alleging an unlawful em-
ployment practice in violation of this Act against an 
employee described in section 5(3)(C) except as pro-
vided in paragraphs (2) and (3) of this subsection. 
(2) COSTS
AND
FEES.—The powers, remedies, 
and procedures provided in subsections (b) and (c) of 
section 722 of the Revised Statutes (42 U.S.C. 1988) 
shall be the powers, remedies, and procedures this Act 
provides to the President, the Commission, the Board, 
or any person alleging such practice. 
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(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes (42 U.S.C. 1981a), including the limitations 
contained in subsection (b)(3) of such section 1977A, 
shall be the powers, remedies, and procedures this Act 
provides to the President, the Commission, the Board, 
or any person alleging such practice (not an employ-
ment practice specifically excluded from coverage 
under section 1977A(a)(1) of the Revised Statutes). 
(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 per-
son alleging a violation of section 302(a)(1) of such 
Act (42 U.S.C. 2000e–16b(a)(1)) shall be the powers, 
remedies, and procedures this Act provides to the 
Commission or any person, respectively, alleging an 
unlawful employment practice in violation of this Act 
against an employee described in section 5(3)(D) ex-
cept as provided in paragraphs (2) and (3) of this 
subsection. 
(2) COSTS
AND
FEES.—The powers, remedies, 
and procedures provided in subsections (b) and (c) of 
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section 722 of the Revised Statutes (42 U.S.C. 1988) 
shall be the powers, remedies, and procedures this Act 
provides to the Commission or any person alleging 
such practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes (42 U.S.C. 1981a), including the limitations 
contained in subsection (b)(3) of such section 1977A, 
shall be the powers, remedies, and procedures this Act 
provides to the Commission or any person alleging 
such practice (not an employment practice specifi-
cally 
excluded 
from 
coverage 
under 
section 
1977A(a)(1) of the Revised Statutes). 
(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 section shall 
be the powers, remedies, and procedures this Act pro-
vides to the Commission, the Attorney General, the 
Librarian of Congress, or any person, respectively, al-
leging an unlawful employment practice in violation 
of this Act against an employee described in section 
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5(3)(E) except as provided in paragraphs (2) and (3) 
of this subsection. 
(2) COSTS
AND
FEES.—The powers, remedies, 
and procedures provided in subsections (b) and (c) of 
section 722 of the Revised Statutes (42 U.S.C. 1988) 
shall be the powers, remedies, and procedures this Act 
provides to the Commission, the Attorney General, the 
Librarian of Congress, or any person alleging such 
practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes (42 U.S.C. 1981a), including the limitations 
contained in subsection (b)(3) of such section 1977A, 
shall be the powers, remedies, and procedures this Act 
provides to the Commission, the Attorney General, the 
Librarian of Congress, or any person alleging such 
practice (not an employment practice specifically ex-
cluded from coverage under section 1977A(a)(1) of the 
Revised Statutes). 
(f) PROHIBITION AGAINST RETALIATION.— 
(1) IN GENERAL.—No person shall discriminate 
against any employee because such employee has op-
posed any act or practice made unlawful by this Act 
or because such employee made a charge, testified, as-
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sisted, or participated in any manner in an inves-
tigation, proceeding, or hearing under this Act. 
(2) PROHIBITION AGAINST COERCION.—It shall 
be unlawful to coerce, intimidate, threaten, or inter-
fere with any individual in the exercise or enjoyment 
of, or on account of such individual having exercised 
or enjoyed, or on account of such individual having 
aided or encouraged any other individual in the exer-
cise or enjoyment of, any right granted or protected 
by this Act. 
(3) REMEDY.—The remedies and procedures oth-
erwise provided for under this section shall be avail-
able to aggrieved individuals with respect to viola-
tions of this subsection. 
(g) LIMITATION.—Notwithstanding subsections (a)(3), 
(b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful employment 
practice involves the provision of a reasonable accommoda-
tion pursuant to this Act or regulations implementing this 
Act, damages may not be awarded under section 1977A of 
the Revised Statutes (42 U.S.C. 1981a) if the covered entity 
demonstrates good faith efforts, in consultation with the em-
ployee with known limitations related to pregnancy, child-
birth, or related medical conditions who has informed the 
covered entity that accommodation is needed, to identify 
and make a reasonable accommodation that would provide 
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such employee with an equally effective opportunity and 
would not cause an undue hardship on the operation of the 
covered entity. 
SEC. 4. RULEMAKING. 
Not later than 2 years after the date of enactment of 
this Act, the Commission shall issue regulations in an acces-
sible format in accordance with subchapter II of chapter 
5 of title 5, United States Code, to carry out this Act. Such 
regulations shall provide examples of reasonable accom-
modations addressing known limitations related to preg-
nancy, childbirth, or related medical conditions. 
SEC. 5. DEFINITIONS. 
As used in this Act— 
(1) the term ‘‘Commission’’ means the Equal 
Employment Opportunity Commission; 
(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 employer, which means a person 
engaged in industry affecting commerce who 
has 15 or more employees as defined in sec-
tion 701(b) of title VII of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e(b)); 
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(ii) an employing office, as defined in 
section 101 of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1301) and sec-
tion 411(c) of title 3, United States Code; 
(iii) an entity employing a State em-
ployee described in section 304(a) of the 
Government Employee Rights Act of 1991 
(42 U.S.C. 2000e–16c(a)); and 
(iv) 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 appli-
cant), as defined in section 101 of the Congres-
sional Accountability Act of 1995 (2 U.S.C. 
1301); 
(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-
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ment Employee Rights Act of 1991 (42 U.S.C. 
2000e–16c(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)); 
(5) the term ‘‘known limitation’’ means physical 
or mental condition related to, affected by, or arising 
out of pregnancy, childbirth, or related medical condi-
tions that the employee or employee’s representative 
has communicated to the employer whether or not 
such condition meets the definition of disability speci-
fied in section 3 of the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12102); 
(6) the term ‘‘qualified employee’’ means an em-
ployee or applicant who, with or without reasonable 
accommodation, can perform the essential functions of 
the employment position, except that an employee or 
applicant shall be considered qualified if— 
(A) any inability to perform an essential 
function is for a temporary period; 
(B) the essential function could be per-
formed in the near future; and 
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(C) the inability to perform the essential 
function can be reasonably accommodated; and 
(7) 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 con-
strued as such terms are construed under such Act 
and as set forth in the regulations required by this 
Act, including with regard to the interactive process 
that will typically be used to determine an appro-
priate reasonable accommodation. 
SEC. 6. WAIVER OF STATE IMMUNITY. 
A State shall not be immune under the 11th Amend-
ment to the Constitution from an action in a Federal or 
State court of competent jurisdiction for a violation of this 
Act. In any action against a State for a violation of this 
Act, remedies (including remedies both at law and in eq-
uity) are available for such a violation to the same extent 
as such remedies are available for such a violation in an 
action against any public or private entity other than a 
State. 
SEC. 7. RELATIONSHIP TO OTHER LAWS. 
Nothing in this Act shall be construed to invalidate 
or limit the powers, remedies, and procedures under any 
Federal law or law of any State or political subdivision 
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