116TH CONGRESS 
2D SESSION 
H. R. 2694 
AN ACT 
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’’. 
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 
employee, unless such covered entity can dem-
onstrate that the accommodation would impose an 
undue hardship on the operation of the business of 
such covered entity; 
(2) require a qualified employee affected by 
pregnancy, childbirth, or related medical conditions 
to accept an accommodation other than any reason-
able accommodation arrived at through the inter-
active process 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 accommoda-
tions to the known limitations related to the preg-
nancy, childbirth, or related medical conditions of a 
qualified employee;
(4) require a qualified employee to take leave, 
whether paid or unpaid, if another reasonable ac-
commodation can be provided to the known limita-
tions related to the pregnancy, childbirth, or related 
medical conditions of a qualified employee; or 
(5) take adverse action in terms, conditions, or 
privileges of employment against a qualified em-
ployee on account of the employee requesting or 
using a reasonable accommodation to the known lim-
itations related to the pregnancy, childbirth, or re-
lated 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 At-
torney 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 
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) 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 limita-
tions contained in subsection (b)(3) of such section 
1977A, shall be the powers, remedies, and proce-
dures this Act provides to the Commission, the At-
torney General, or any person alleging such practice 
(not an employment practice specifically excluded 
from coverage under section 1977A(a)(1) of the Re-
vised 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 
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, respec-
tively, alleging 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 alleg-
ing 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 limita-
tions contained in subsection (b)(3) of such section 
1977A, shall be the powers, remedies, and proce-
dures this Act provides to the Board or any person 
alleging such practice (not an employment practice 
specifically excluded 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 
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 such title 
shall be the powers, remedies, and procedures this 
Act provides to the President, the Commission, the 
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) 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.
(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 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 limita-
tions contained in subsection (b)(3) of such section 
1977A, shall be the powers, remedies, and proce-
dures this Act provides to the Commission or any 
person alleging such practice (not an employment 
practice specifically 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 proce-
dures this Act 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 Act against an em-
ployee described in section 5(3)(E), 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, 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 limita-
tions contained in subsection (b)(3) of such section 
1977A, shall be the powers, remedies, and proce-
dures this Act provides to the Commission, the At-
torney General, the Librarian of Congress, or any 
person alleging such practice (not an employment 
practice specifically excluded 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, 
assisted, 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 
otherwise provided for under this section shall be 
available to aggrieved individuals with respect to vio-
lations of this subsection. 
(g) 
LIMITATION.—Notwithstanding 
subsections 
(a)(3), (b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful em-
ployment practice involves the provision of a reasonable 
accommodation pursuant to this Act or regulations imple-
menting this Act, damages may not be awarded under sec-
tion 1977A of the Revised Statutes (42 U.S.C. 1981a) if 
the covered entity demonstrates good faith efforts, in con-
sultation with the employee with known limitations related 
to pregnancy, childbirth, or related medical conditions who 
has informed the covered entity that accommodation is
needed, to identify and make a reasonable accommodation 
that would provide 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 
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 
pregnancy, 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 per-
son engaged in industry affecting com-
merce who has 15 or more employees as 
defined in section 701(b) of title VII of the
Civil Rights Act of 1964 (42 U.S.C. 
2000e(b)); 
(ii) 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; 
(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 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;
(B) the essential function could be per-
formed in the near future; and 
(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 
construed 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 
appropriate 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 
of any State or jurisdiction that provides greater or equal 
protection for individuals affected by pregnancy, child-
birth, or related medical conditions. 
SEC. 8. SEVERABILITY. 
If any provision of this Act or the application of that 
provision to particular persons or circumstances is held 
invalid or found to be unconstitutional, the remainder of 
this Act and the application of that provision to other per-
sons or circumstances shall not be affected. 
Passed the House of Representatives September 17, 
2020. 
Attest: 
Clerk.
116TH CONGRESS 
2D SESSION 
H. R. 2694 
AN ACT 
To eliminate discrimination and promote women’s 
health and economic security by ensuring reason-
able workplace accommodations for workers 
whose ability to perform the functions of a job 
are limited by pregnancy, childbirth, or a related 
medical condition.