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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-
1
tives of the United States of America in Congress assembled,
2
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•HR 2694 EH
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Pregnant Workers
2
Fairness Act’’.
3
SEC. 2. NONDISCRIMINATION WITH REGARD TO REASON-
4
ABLE ACCOMMODATIONS RELATED TO PREG-
5
NANCY.
6
It shall be an unlawful employment practice for a cov-
7
ered entity to—
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(1) not make reasonable accommodations to the
9
known limitations related to the pregnancy, child-
10
birth, or related medical conditions of a qualified
11
employee, unless such covered entity can dem-
12
onstrate that the accommodation would impose an
13
undue hardship on the operation of the business of
14
such covered entity;
15
(2) require a qualified employee affected by
16
pregnancy, childbirth, or related medical conditions
17
to accept an accommodation other than any reason-
18
able accommodation arrived at through the inter-
19
active process referred to in section 5(7);
20
(3) deny employment opportunities to a quali-
21
fied employee if such denial is based on the need of
22
the covered entity to make reasonable accommoda-
23
tions to the known limitations related to the preg-
24
nancy, childbirth, or related medical conditions of a
25
qualified employee;
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•HR 2694 EH
(4) require a qualified employee to take leave,
1
whether paid or unpaid, if another reasonable ac-
2
commodation can be provided to the known limita-
3
tions related to the pregnancy, childbirth, or related
4
medical conditions of a qualified employee; or
5
(5) take adverse action in terms, conditions, or
6
privileges of employment against a qualified em-
7
ployee on account of the employee requesting or
8
using a reasonable accommodation to the known lim-
9
itations related to the pregnancy, childbirth, or re-
10
lated medical conditions of the employee.
11
SEC. 3. REMEDIES AND ENFORCEMENT.
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(a) EMPLOYEES COVERED BY TITLE VII OF THE
13
CIVIL RIGHTS ACT OF 1964.—
14
(1) IN GENERAL.—The powers, remedies, and
15
procedures provided in sections 705, 706, 707, 709,
16
710, and 711 of the Civil Rights Act of 1964 (42
17
U.S.C. 2000e–4 et seq.) to the Commission, the At-
18
torney General, or any person alleging a violation of
19
title VII of such Act (42 U.S.C. 2000e et seq.) shall
20
be the powers, remedies, and procedures this Act
21
provides to the Commission, the Attorney General,
22
or any person, respectively, alleging an unlawful em-
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ployment practice in violation of this Act against an
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•HR 2694 EH
employee described in section 5(3)(A) except as pro-
1
vided in paragraphs (2) and (3) of this subsection.
2
(2) COSTS AND FEES.—The powers, remedies,
3
and procedures provided in subsections (b) and (c)
4
of section 722 of the Revised Statutes (42 U.S.C.
5
1988) shall be the powers, remedies, and procedures
6
this Act provides to the Commission, the Attorney
7
General, or any person alleging such practice.
8
(3) DAMAGES.—The powers, remedies, and pro-
9
cedures provided in section 1977A of the Revised
10
Statutes (42 U.S.C. 1981a), including the limita-
11
tions contained in subsection (b)(3) of such section
12
1977A, shall be the powers, remedies, and proce-
13
dures this Act provides to the Commission, the At-
14
torney General, or any person alleging such practice
15
(not an employment practice specifically excluded
16
from coverage under section 1977A(a)(1) of the Re-
17
vised Statutes).
18
(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
19
COUNTABILITY ACT OF 1995.—
20
(1) IN GENERAL.—The powers, remedies, and
21
procedures provided in the Congressional Account-
22
ability Act of 1995 (2 U.S.C. 1301 et seq.) to the
23
Board (as defined in section 101 of such Act (2
24
U.S.C. 1301)) or any person alleging a violation of
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•HR 2694 EH
section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1))
1
shall be the powers, remedies, and procedures this
2
Act provides to the Board or any person, respec-
3
tively, alleging an unlawful employment practice in
4
violation of this Act against an employee described
5
in section 5(3)(B), except as provided in paragraphs
6
(2) and (3) of this subsection.
7
(2) COSTS AND FEES.—The powers, remedies,
8
and procedures provided in subsections (b) and (c)
9
of section 722 of the Revised Statutes (42 U.S.C.
10
1988) shall be the powers, remedies, and procedures
11
this Act provides to the Board or any person alleg-
12
ing such practice.
13
(3) DAMAGES.—The powers, remedies, and pro-
14
cedures provided in section 1977A of the Revised
15
Statutes (42 U.S.C. 1981a), including the limita-
16
tions contained in subsection (b)(3) of such section
17
1977A, shall be the powers, remedies, and proce-
18
dures this Act provides to the Board or any person
19
alleging such practice (not an employment practice
20
specifically excluded from coverage under section
21
1977A(a)(1) of the Revised Statutes).
22
(4) OTHER APPLICABLE PROVISIONS.—With re-
23
spect to a claim alleging a practice described in
24
paragraph (1), title III of the Congressional Ac-
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•HR 2694 EH
countability Act of 1995 (2 U.S.C. 1381 et seq.)
1
shall apply in the same manner as such title applies
2
with respect to a claim alleging a violation of section
3
201(a)(1) of such Act (2 U.S.C. 1311(a)(1)).
4
(c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE
5
3, UNITED STATES CODE.—
6
(1) IN GENERAL.—The powers, remedies, and
7
procedures provided in chapter 5 of title 3, United
8
States Code, to the President, the Commission, the
9
Merit Systems Protection Board, or any person al-
10
leging a violation of section 411(a)(1) of such title
11
shall be the powers, remedies, and procedures this
12
Act provides to the President, the Commission, the
13
Board, or any person, respectively, alleging an un-
14
lawful employment practice in violation of this Act
15
against an employee described in section 5(3)(C), ex-
16
cept as provided in paragraphs (2) and (3) of this
17
subsection.
18
(2) COSTS AND FEES.—The powers, remedies,
19
and procedures provided in subsections (b) and (c)
20
of section 722 of the Revised Statutes (42 U.S.C.
21
1988) shall be the powers, remedies, and procedures
22
this Act provides to the President, the Commission,
23
the Board, or any person alleging such practice.
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•HR 2694 EH
(3) DAMAGES.—The powers, remedies, and pro-
1
cedures provided in section 1977A of the Revised
2
Statutes (42 U.S.C. 1981a), including the limita-
3
tions contained in subsection (b)(3) of such section
4
1977A, shall be the powers, remedies, and proce-
5
dures this Act provides to the President, the Com-
6
mission, the Board, or any person alleging such
7
practice (not an employment practice specifically ex-
8
cluded from coverage under section 1977A(a)(1) of
9
the Revised Statutes).
10
(d) EMPLOYEES COVERED
BY GOVERNMENT EM-
11
PLOYEE RIGHTS ACT OF 1991.—
12
(1) IN GENERAL.—The powers, remedies, and
13
procedures provided in sections 302 and 304 of the
14
Government Employee Rights Act of 1991 (42
15
U.S.C. 2000e–16b; 2000e–16c) to the Commission
16
or any person alleging a violation of section
17
302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1))
18
shall be the powers, remedies, and procedures this
19
Act provides to the Commission or any person, re-
20
spectively, alleging an unlawful employment practice
21
in violation of this Act against an employee de-
22
scribed in section 5(3)(D), except as provided in
23
paragraphs (2) and (3) of this subsection.
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•HR 2694 EH
(2) COSTS AND FEES.—The powers, remedies,
1
and procedures provided in subsections (b) and (c)
2
of section 722 of the Revised Statutes (42 U.S.C.
3
1988) shall be the powers, remedies, and procedures
4
this Act provides to the Commission or any person
5
alleging such practice.
6
(3) DAMAGES.—The powers, remedies, and pro-
7
cedures provided in section 1977A of the Revised
8
Statutes (42 U.S.C. 1981a), including the limita-
9
tions contained in subsection (b)(3) of such section
10
1977A, shall be the powers, remedies, and proce-
11
dures this Act provides to the Commission or any
12
person alleging such practice (not an employment
13
practice specifically excluded from coverage under
14
section 1977A(a)(1) of the Revised Statutes).
15
(e) EMPLOYEES COVERED BY SECTION 717 OF THE
16
CIVIL RIGHTS ACT OF 1964.—
17
(1) IN GENERAL.—The powers, remedies, and
18
procedures provided in section 717 of the Civil
19
Rights Act of 1964 (42 U.S.C. 2000e–16) to the
20
Commission, the Attorney General, the Librarian of
21
Congress, or any person alleging a violation of that
22
section shall be the powers, remedies, and proce-
23
dures this Act provides to the Commission, the At-
24
torney General, the Librarian of Congress, or any
25
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•HR 2694 EH
person, respectively, alleging an unlawful employ-
1
ment practice in violation of this Act against an em-
2
ployee described in section 5(3)(E), except as pro-
3
vided in paragraphs (2) and (3) of this subsection.
4
(2) COSTS AND FEES.—The powers, remedies,
5
and procedures provided in subsections (b) and (c)
6
of section 722 of the Revised Statutes (42 U.S.C.
7
1988) shall be the powers, remedies, and procedures
8
this Act provides to the Commission, the Attorney
9
General, the Librarian of Congress, or any person
10
alleging such practice.
11
(3) DAMAGES.—The powers, remedies, and pro-
12
cedures provided in section 1977A of the Revised
13
Statutes (42 U.S.C. 1981a), including the limita-
14
tions contained in subsection (b)(3) of such section
15
1977A, shall be the powers, remedies, and proce-
16
dures this Act provides to the Commission, the At-
17
torney General, the Librarian of Congress, or any
18
person alleging such practice (not an employment
19
practice specifically excluded from coverage under
20
section 1977A(a)(1) of the Revised Statutes).
21
(f) PROHIBITION AGAINST RETALIATION.—
22
(1) IN GENERAL.—No person shall discriminate
23
against any employee because such employee has op-
24
posed any act or practice made unlawful by this Act
25
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•HR 2694 EH
or because such employee made a charge, testified,
1
assisted, or participated in any manner in an inves-
2
tigation, proceeding, or hearing under this Act.
3
(2) PROHIBITION AGAINST COERCION.—It shall
4
be unlawful to coerce, intimidate, threaten, or inter-
5
fere with any individual in the exercise or enjoyment
6
of, or on account of such individual having exercised
7
or enjoyed, or on account of such individual having
8
aided or encouraged any other individual in the exer-
9
cise or enjoyment of, any right granted or protected
10
by this Act.
11
(3) REMEDY.—The remedies and procedures
12
otherwise provided for under this section shall be
13
available to aggrieved individuals with respect to vio-
14
lations of this subsection.
15
(g)
LIMITATION.—Notwithstanding
subsections
16
(a)(3), (b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful em-
17
ployment practice involves the provision of a reasonable
18
accommodation pursuant to this Act or regulations imple-
19
menting this Act, damages may not be awarded under sec-
20
tion 1977A of the Revised Statutes (42 U.S.C. 1981a) if
21
the covered entity demonstrates good faith efforts, in con-
22
sultation with the employee with known limitations related
23
to pregnancy, childbirth, or related medical conditions who
24
has informed the covered entity that accommodation is
25
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•HR 2694 EH
needed, to identify and make a reasonable accommodation
1
that would provide such employee with an equally effective
2
opportunity and would not cause an undue hardship on
3
the operation of the covered entity.
4
SEC. 4. RULEMAKING.
5
Not later than 2 years after the date of enactment
6
of this Act, the Commission shall issue regulations in an
7
accessible format in accordance with subchapter II of
8
chapter 5 of title 5, United States Code, to carry out this
9
Act. Such regulations shall provide examples of reasonable
10
accommodations addressing known limitations related to
11
pregnancy, childbirth, or related medical conditions.
12
SEC. 5. DEFINITIONS.
13
As used in this Act—
14
(1) the term ‘‘Commission’’ means the Equal
15
Employment Opportunity Commission;
16
(2) the term ‘‘covered entity’’—
17
(A) has the meaning given the term ‘‘re-
18
spondent’’ in section 701(n) of the Civil Rights
19
Act of 1964 (42 U.S.C. 2000e(n)); and
20
(B) includes—
21
(i) an employer, which means a per-
22
son engaged in industry affecting com-
23
merce who has 15 or more employees as
24
defined in section 701(b) of title VII of the
25
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•HR 2694 EH
Civil Rights Act of 1964 (42 U.S.C.
1
2000e(b));
2
(ii) an employing office, as defined in
3
section 101 of the Congressional Account-
4
ability Act of 1995 (2 U.S.C. 1301) and
5
section 411(c) of title 3, United States
6
Code;
7
(iii) an entity employing a State em-
8
ployee described in section 304(a) of the
9
Government Employee Rights Act of 1991
10
(42 U.S.C. 2000e–16c(a)); and
11
(iv) an entity to which section 717(a)
12
of the Civil Rights Act of 1964 (42 U.S.C.
13
2000e–16(a)) applies;
14
(3) the term ‘‘employee’’ means—
15
(A) an employee (including an applicant),
16
as defined in section 701(f) of the Civil Rights
17
Act of 1964 (42 U.S.C. 2000e(f));
18
(B) a covered employee (including an ap-
19
plicant), as defined in section 101 of the Con-
20
gressional Accountability Act of 1995 (2 U.S.C.
21
1301);
22
(C) a covered employee (including an appli-
23
cant), as defined in section 411(c) of title 3,
24
United States Code;
25
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•HR 2694 EH
(D) a State employee (including an appli-
1
cant) described in section 304(a) of the Govern-
2
ment Employee Rights Act of 1991 (42 U.S.C.
3
2000e–16c(a)); or
4
(E) an employee (including an applicant)
5
to which section 717(a) of the Civil Rights Act
6
of 1964 (42 U.S.C. 2000e–16(a)) applies;
7
(4) the term ‘‘person’’ has the meaning given
8
such term in section 701(a) of the Civil Rights Act
9
of 1964 (42 U.S.C. 2000e(a));
10
(5) the term ‘‘known limitation’’ means physical
11
or mental condition related to, affected by, or arising
12
out of pregnancy, childbirth, or related medical con-
13
ditions that the employee or employee’s representa-
14
tive has communicated to the employer whether or
15
not such condition meets the definition of disability
16
specified in section 3 of the Americans with Disabil-
17
ities Act of 1990 (42 U.S.C. 12102);
18
(6) the term ‘‘qualified employee’’ means an
19
employee or applicant who, with or without reason-
20
able accommodation, can perform th
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