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Bill116th CongressFiled May 14, 2019Civil Rights and Liberties, Minority Issues
H.R. 2694

Pregnant Workers Fairness Act

Bill journey · stage 2 of 5

Under committee review

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Law

What it doesSummary passed house (Sep 17, 2020)

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.

What just happenedSep 17, 2020

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Who’s behind it

Rep. Nadler, Jerrold [D-NY-10](D-NY)Sponsor
241 cosponsors223 D18 R
Read on Congress.gov
241cosponsors5committees34actions1amendments1related bills16subjects
  1. Sep 17, 2020IntroReferral

    Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

    Health, Education, Labor, and Pensions Committee
  2. Sep 17, 2020FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. Sep 17, 2020FloorH37100

    On passage Passed by the Yeas and Nays: 329 - 73 (Roll no. 195).

  4. Sep 17, 2020Floor8000

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 329 - 73 (Roll no. 195).

  5. Sep 17, 2020FloorH36110

    On motion to recommit with instructions Failed by the Yeas and Nays: 177 - 226 (Roll no. 194).

    Education and the Workforce Committee
  6. Sep 17, 2020FloorH8D000

    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.

  7. Sep 17, 2020FloorH30000

    Considered as unfinished business. (consideration: CR H4528-4529)

  8. Sep 17, 2020FloorH8D000

    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.

  9. Sep 17, 2020FloorH35000

    The previous question was ordered without objection.

  10. Sep 17, 2020FloorH8D000

    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.

  11. Sep 17, 2020FloorH36100

    Ms. Foxx (NC) moved to recommit with instructions to the Committee on Education and Labor. (text: CR H4524-4526)

    Education and the Workforce Committee
  12. Sep 17, 2020FloorH35000

    The previous question was ordered pursuant to the rule.

  13. Sep 17, 2020FloorH8D000

    DEBATE - The House proceeded with one hour of debate on H.R. 2694.

  14. Sep 17, 2020FloorH8D000

    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.

  15. Sep 17, 2020FloorH30000

    Considered under the provisions of rule H. Res. 1107. (consideration: CR H4508-4527)

  16. Sep 14, 2020FloorH1L210

    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.

  17. Sep 8, 2020CalendarsH12410

    Placed on the Union Calendar, Calendar No. 396.

  18. Sep 8, 2020DischargeH12300

    Committee on the Judiciary discharged.

    Judiciary Committee
  19. Sep 8, 2020Committee5500

    Committee on the Judiciary discharged.

    Judiciary Committee
  20. Sep 8, 2020DischargeH12300

    Committee on Oversight and Reform discharged.

    Oversight and Accountability Committee
  21. Sep 8, 2020Committee5500

    Committee on Oversight and Reform discharged.

    Oversight and Accountability Committee
  22. Sep 8, 2020DischargeH12300

    Committee on House Administration discharged.

    Committee on House Administration
  23. Sep 8, 2020Committee5500

    Committee on House Administration discharged.

    Committee on House Administration
  24. Sep 8, 2020CommitteeH12200

    Reported (Amended) by the Committee on Education and Labor. H. Rept. 116-494, Part I.

    Education and the Workforce Committee
  25. Sep 8, 2020Committee5000

    Reported (Amended) by the Committee on Education and Labor. H. Rept. 116-494, Part I.

    Education and the Workforce Committee
  26. Jan 14, 2020Committee

    Ordered to be Reported (Amended) by the Yeas and Nays: 29 - 17.

    Education and the Workforce Committee
  27. Jan 14, 2020Committee

    Committee Consideration and Mark-up Session Held.

    Education and the Workforce Committee
  28. Jun 26, 2019Committee

    Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

    Constitution and Limited Government Subcommittee
  29. May 14, 2019IntroReferralH11100

    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.

    Judiciary Committee
  30. May 14, 2019IntroReferralH11100

    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.

    Oversight and Accountability Committee
  31. May 14, 2019IntroReferralH11100

    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.

    Committee on House Administration
  32. May 14, 2019IntroReferralH11100

    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.

    Education and the Workforce Committee
  33. May 14, 2019IntroReferralIntro-H

    Introduced in House

  34. May 14, 2019IntroReferral1000

    Introduced in House

Passed HouseSep 17, 202053

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.

Reported to HouseSep 8, 20207

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.

Introduced in HouseMay 14, 2019

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.

Pregnant Workers Fairness Act — Informed