I 
116TH CONGRESS 
1ST SESSION H. R. 2694 
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 14, 2019 
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 
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. 
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’’. 
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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) 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, if such ac-
commodation is unnecessary to enable the applicant 
or employee to perform her job; 
(3) 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 
the pregnancy, childbirth, or related medical condi-
tions of an employee or applicant; 
(4) require an employee to take leave, whether 
paid or unpaid, if another reasonable accommodation 
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can be provided to the known limitations related to 
the pregnancy, childbirth, or related medical condi-
tions of an employee; or 
(5) take adverse action in terms, conditions, or 
privileges of employment against an employee on ac-
count of the employee requesting or using a reason-
able accommodation to the known limitations related 
to the pregnancy, childbirth, or related medical con-
ditions 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, 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 Act 
provides to the Commission, the Attorney General, 
or 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). 
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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 
Act provides to the President, the Commission, such 
Board, or any person, respectively, alleging an un-
lawful employment practice in violation of this Act 
against an employee described in section 5(3)(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 Act provides to the Presi-
dent, the Commission, such Board, or any person, 
alleging such a practice. 
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(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 Act 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 
Act provides to the Commission, or any person, re-
spectively, alleging an unlawful employment practice 
in violation of this Act against an employee de-
scribed in section 5(3)(D), except as provided in 
paragraphs (2) and (3). 
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(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 Act 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 Act 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 
section shall be the powers, remedies, and proce-
dures this Act provides to the Commission, the At-
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torney General, the Librarian of Congress, or any 
person, respectively, alleging an unlawful employ-
ment practice in violation of this Act against an em-
ployee or applicant described in section 5(3)(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 Act 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 Act 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). 
(f) PROHIBITION AGAINST RETALIATION.— 
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(1) IN GENERAL.—No person shall discriminate 
against any individual because such individual has 
opposed any act or practice made unlawful by this 
Act or because such individual made a charge, testi-
fied, assisted, or participated in any manner in an 
investigation, 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 
otherwise provided for under this section shall be 
available to aggrieved individuals with respect to vio-
lations 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 provide examples of reasonable 
accommodations addressing known limitations related to 
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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; 
(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 
(42 U.S.C. 2000e–16c(a)); and 
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(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); 
(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 (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)); and 
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(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, including with regard to the interactive 
process that will typically be used to determine an 
appropriate reasonable accommodation. 
SEC. 6. WAIVER OF STATE IMMUNITY. 
A State shall not be immune under the 11th Amend-
ment to the Constitution of the United States from an 
action in a Federal or State court of competent jurisdic-
tion for a violation of this Act. In any action against a 
State for a violation of the requirements of this Act, rem-
edies (including remedies both at law and in equity) 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 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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