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Bill117th CongressFiled Feb 15, 2021Labor and Employment
H.R. 1065

Pregnant Workers Fairness Act

Bill journey · stage 2 of 5

Under committee review

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Law

What it doesSummary passed house (May 14, 2021)

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

  • 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 happenedMay 17, 2021

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
228 cosponsors208 D20 R
Read on Congress.gov
228cosponsors5committees28actions1amendments4related bills17subjects
  1. May 17, 2021IntroReferral

    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. May 14, 2021FloorH38310

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

  3. May 14, 2021FloorH37100

    On passage Passed by the Yeas and Nays: 315 - 101 (Roll no. 143).

  4. May 14, 2021Floor8000

    Passed/agreed to in House: On passage Passed by the Yeas and Nays: 315 - 101 (Roll no. 143).

  5. May 14, 2021FloorH35000

    The previous question was ordered pursuant to the rule.

  6. May 14, 2021FloorH8D000

    DEBATE - The House proceeded with one hour of debate on H.R. 1065.

  7. May 14, 2021FloorH8D000

    Rule provides for consideration of H.R. 2547 and H.R. 1065. Measure will be considered read. Specified amendments are in order. The previous question on each measure is considered ordered without intervening motions except one hour of debate and a motion to recommit. H. Res. 379 is adopted.

  8. May 14, 2021FloorH30000

    Considered under the provisions of rule H. Res. 380. (consideration: CR H2321-2343)

  9. May 12, 2021FloorH1L220

    Rule H. Res. 380 passed House.

  10. May 11, 2021FloorH1L210

    Rules Committee Resolution H. Res. 380 Reported to House. Rule provides for consideration of H.R. 2547 and H.R. 1065. Measure will be considered read. Specified amendments are in order. The previous question on each measure is considered ordered without intervening motions except one hour of debate and a motion to recommit. H. Res. 379 is adopted.

  11. May 4, 2021CalendarsH12410

    Placed on the Union Calendar, Calendar No. 14.

  12. May 4, 2021DischargeH12300

    Committee on the Judiciary discharged.

    Judiciary Committee
  13. May 4, 2021Committee5500

    Committee on the Judiciary discharged.

    Judiciary Committee
  14. May 4, 2021DischargeH12300

    Committee on Oversight and Reform discharged.

    Oversight and Accountability Committee
  15. May 4, 2021Committee5500

    Committee on Oversight and Reform discharged.

    Oversight and Accountability Committee
  16. May 4, 2021DischargeH12300

    Committee on House Administration discharged.

    Committee on House Administration
  17. May 4, 2021Committee5500

    Committee on House Administration discharged.

    Committee on House Administration
  18. May 4, 2021CommitteeH12200

    Reported (Amended) by the Committee on Education and Labor. H. Rept. 117-27, Part I.

    Education and the Workforce Committee
  19. May 4, 2021Committee5000

    Reported (Amended) by the Committee on Education and Labor. H. Rept. 117-27, Part I.

    Education and the Workforce Committee
  20. Apr 28, 2021Committee

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

    Constitution and Limited Government Subcommittee
  21. Mar 24, 2021Committee

    Ordered to be Reported (Amended) by the Yeas and Nays: 30 - 17.

    Education and the Workforce Committee
  22. Mar 24, 2021Committee

    Committee Consideration and Mark-up Session Held.

    Education and the Workforce Committee
  23. Feb 15, 2021IntroReferralH11100

    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
  24. Feb 15, 2021IntroReferralH11100

    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
  25. Feb 15, 2021IntroReferralH11100

    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
  26. Feb 15, 2021IntroReferralH11100

    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
  27. Feb 15, 2021IntroReferralIntro-H

    Introduced in House

  28. Feb 15, 2021IntroReferral1000

    Introduced in House

Passed HouseMay 14, 202153

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

  • 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 House, Part IMay 4, 20218

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

  • 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 HouseFeb 15, 2021

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

  • 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.

Pregnant Workers Fairness Act — Informed