Pregnant Workers Fairness Act

Bill: 116-hr-2694
Sponsor: Rep. Nadler, Jerrold [D-NY-10]
Introduced: 2019-05-14 in the House
Policy area: Civil Rights and Liberties, Minority Issues
Subjects: Administrative law and regulatory procedures
Child care and development
Civil actions and liability
Disability and health-based discrimination
Employee hiring
Employee leave
Employment discrimination and employee rights
Equal Employment Opportunity Commission (EEOC)
Government employee pay, benefits, personnel management
Government liability
Sex and reproductive health
Sex, gender, sexual orientation discrimination
State and local government operations
Women's employment
Women's health
Worker safety and health

Summary:
action_date: 2019-05-14
text: 

Pregnant Workers Fairness Act

 
This bill prohibits employment practices that discriminate against making reasonable accommodations for job applicants or employees affected by pregnancy, childbirth, or related medical conditions. Specifically, the bill declares that it is an unlawful employment practice to (1) fail to make reasonable accommodations to known limitations of such job applicants or employees, unless the accommodation would impose an undue hardship on an entity's business operation; (2) deny employment opportunities based on the need of the entity to make such reasonable accommodations to an applicant or employee; (3) require such job applicants or employees to accept an accommodation that they do not want, if such accommodation is unnecessary to perform the job; (4) require such employees to take paid or unpaid leave if another reasonable accommodation can be provided to their known limitations; or (5) take adverse action in terms, conditions, or privileges of employment against an employee requesting or using such reasonable accommodations.
 
The bill sets forth enforcement procedures and remedies under various statutes that cover different types of employees in relation to such unlawful employment practices.
 
The Equal Employment Opportunity Commission must provide examples of reasonable accommodations that shall be provided to affected job applicants or employees unless the employer can demonstrate that doing so would impose an undue hardship.
 
The bill prohibits state immunity under the Eleventh Amendment to the Constitution from an action for a violation of this bill.

action_date: 2020-09-08
text: 

Pregnant Workers Fairness Act

 
This bill prohibits employment practices that discriminate against making reasonable accommodations for qualified employees affected by pregnancy, childbirth, or related medical conditions. A 
qualified employee
 is an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the position, with specified exceptions.
 
Specifically, the bill declares that it is an unlawful employment practice to, among other things
 
 
fail to make reasonable accommodations to known limitations of such employees unless the accommodation would impose an undue hardship on an entity's business operation;
 
 require a qualified employee affected by such condition to accept an accommodation other than any reasonable accommodation arrived at through an interactive process;
 
 deny employment opportunities based on the need of the entity to make such reasonable accommodations to a qualified employee; 
 
 require such employees to take paid or unpaid leave if another reasonable accommodation can be provided; or 
 
take adverse action in terms, conditions, or privileges of employment against a qualified employee requesting or using such reasonable accommodations.
 
 
The bill sets forth enforcement procedures and remedies that cover different types of employees in relation to such unlawful employment practices.
 
The Equal Employment Opportunity Commission must provide examples of reasonable accommodations that shall be provided to affected employees unless the employer can demonstrate that doing so would impose an undue hardship.
 
The bill prohibits state immunity under the Eleventh Amendment to the Constitution from an action for a violation of this bill.

action_date: 2020-09-17
text: 

Pregnant Workers Fairness Act

 
This bill prohibits employment practices that discriminate against making reasonable accommodations for qualified employees affected by pregnancy, childbirth, or related medical conditions. A 
qualified employee
 is an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the position, with specified exceptions.
 
Specifically, the bill declares that it is an unlawful employment practice to, among other things
 
 
fail to make reasonable accommodations to known limitations of such employees unless the accommodation would impose an undue hardship on an entity's business operation;
 
 require a qualified employee affected by such condition to accept an accommodation other than any reasonable accommodation arrived at through an interactive process;
 
 deny employment opportunities based on the need of the entity to make such reasonable accommodations to a qualified employee; 
 
 require such employees to take paid or unpaid leave if another reasonable accommodation can be provided; or 
 
take adverse action in terms, conditions, or privileges of employment against a qualified employee requesting or using such reasonable accommodations.
 
 
The bill sets forth enforcement procedures and remedies that cover different types of employees in relation to such unlawful employment practices.
 
The Equal Employment Opportunity Commission must provide examples of reasonable accommodations that shall be provided to affected employees unless the employer can demonstrate that doing so would impose an undue hardship.
 
The bill prohibits state immunity under the Eleventh Amendment to the Constitution from an action for a violation of this bill.


Legislative actions:
action_date: 2020-09-17
text: Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
action_date: 2020-09-17
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2020-09-17
text: On passage Passed by the Yeas and Nays: 329 - 73 (Roll no. 195).
action_date: 2020-09-17
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 329 - 73 (Roll no. 195).
action_date: 2020-09-17
text: On motion to recommit with instructions Failed by the Yeas and Nays: 177 - 226 (Roll no. 194).
action_date: 2020-09-17
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was on the Foxx (NC) motion to recommit H.R. 2694 with instructions, which was debated earlier and on which further proceedings had been postponed.
action_date: 2020-09-17
text: Considered as unfinished business. (consideration: CR H4528-4529)
action_date: 2020-09-17
text: POSTPONED PROCEEDINGS - At the conclusion of debate, the Chair put the question on the Foxx motion to recommit and by voice vote, announced that the noes had prevailed. Ms. Fox demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
action_date: 2020-09-17
text: The previous question was ordered without objection.
action_date: 2020-09-17
text: DEBATE - The House proceeded with 10 minutes of debate on the Foxx motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to strike all after the enacting clause and insert new text entitled the "Pregnant Workers Fairness Act". The new text includes an exemption for religious organizations.
action_date: 2020-09-17
text: Ms. Foxx (NC) moved to recommit with instructions to the Committee on Education and Labor. (text: CR H4524-4526)
action_date: 2020-09-17
text: The previous question was ordered pursuant to the rule.
action_date: 2020-09-17
text: DEBATE - The House proceeded with one hour of debate on H.R. 2694.
action_date: 2020-09-17
text: Rule provides for consideration of H.R. 2574, H.R. 2639, H.R. 2694 and H. Res. 908. Provides for one hour of debate on each measure. The previous question will be considered as ordered on each measure without intervening motions except for one motion to recommit with or without instructions on H.R. 2574, H.R. 2639, and H.R. 2694.
action_date: 2020-09-17
text: Considered under the provisions of rule H. Res. 1107. (consideration: CR H4508-4527)
action_date: 2020-09-14
text: Rules Committee Resolution H. Res. 1107 Reported to House. Rule provides for consideration of H.R. 2574, H.R. 2639, H.R. 2694 and H. Res. 908. Provides for one hour of debate on each measure. The previous question will be considered as ordered on each measure without intervening motions except for one motion to recommit with or without instructions on H.R. 2574, H.R. 2639, and H.R. 2694.
action_date: 2020-09-08
text: Placed on the Union Calendar, Calendar No. 396.
action_date: 2020-09-08
text: Committee on the Judiciary discharged.
action_date: 2020-09-08
text: Committee on the Judiciary discharged.
action_date: 2020-09-08
text: Committee on Oversight and Reform discharged.
action_date: 2020-09-08
text: Committee on Oversight and Reform discharged.
action_date: 2020-09-08
text: Committee on House Administration discharged.
action_date: 2020-09-08
text: Committee on House Administration discharged.
action_date: 2020-09-08
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 116-494, Part I.
action_date: 2020-09-08
text: Reported (Amended) by the Committee on Education and Labor. H. Rept. 116-494, Part I.
action_date: 2020-01-14
text: Ordered to be Reported (Amended) by the Yeas and Nays: 29 - 17.
action_date: 2020-01-14
text: Committee Consideration and Mark-up Session Held.
action_date: 2019-06-26
text: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
action_date: 2019-05-14
text: Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and 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.
action_date: 2019-05-14
text: Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and 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.
action_date: 2019-05-14
text: Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and 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.
action_date: 2019-05-14
text: Referred to the Committee on Education and Labor, and in addition to the Committees on House Administration, Oversight and 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.
action_date: 2019-05-14
text: Introduced in House
action_date: 2019-05-14
text: Introduced in House