H.R. 1065House117th Congress (2021-2023)Passed House

Pregnant Workers Fairness Act

Introduced February 15, 2021

AI-Generated Summary

Updated February 7, 2026 at 10:42 PM UTC

The Pregnant Workers Fairness Act requires employers with 15 or more employees, as well as certain federal and state workplaces, to provide reasonable accommodations for employees whose ability to work is limited by pregnancy, childbirth, or related medical conditions. It aims to stop discrimination, protect job opportunities, and ensure workers can stay employed without undue hardship to the business.

Key Provisions

  • Prohibits covered employers from refusing reasonable accommodations for pregnancy‑related limitations unless they can prove an undue hardship.
  • Bars employers from forcing employees to accept accommodations not reached through an interactive process, from denying jobs, or from requiring leave when another accommodation is possible.
  • Makes retaliation against employees who request or use accommodations illegal, including coercion or intimidation.
  • Extends Title VII and other federal enforcement tools—such as damages, fees, and attorney’s fees—to violations of this Act for private, federal, and state workers.
  • Requires the EEOC to issue regulations within two years that include examples of reasonable accommodations for pregnancy‑related conditions.
  • Waives state sovereign immunity, allowing states to be sued in federal or state court for violations of the Act.

Legislative Activity

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19 earlier actions
SenateIntro Referral Latest Action

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

May 17, 2021

View full timeline
HouseIntro Referral

Introduced in House

February 15, 2021

HouseIntro Referral

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.

February 15, 2021

HouseCommittee

Committee Consideration and Mark-up Session Held.

March 24, 2021

HouseCommittee

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

March 24, 2021

HouseCommittee

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

April 28, 2021

HouseCommittee

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

May 4, 2021

HouseCommittee

Committee on House Administration discharged.

May 4, 2021

HouseCommittee

Committee on Oversight and Reform discharged.

May 4, 2021

HouseCommittee

Committee on the Judiciary discharged.

May 4, 2021

HouseCalendars

Placed on the Union Calendar, Calendar No. 14.

May 4, 2021

HouseFloor

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.

May 11, 2021 • 6:16 PM

HouseFloor

Rule H. Res. 380 passed House.

May 12, 2021 • 4:22 PM

HouseFloor

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

May 14, 2021 • 9:15 AM

HouseFloor

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.

May 14, 2021 • 9:15 AM

HouseFloor

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

May 14, 2021 • 9:17 AM

HouseFloor

The previous question was ordered pursuant to the rule.

May 14, 2021 • 10:26 AM

HouseFloor

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

May 14, 2021 • 11:06 AM

HouseFloor

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

May 14, 2021 • 11:06 AM

HouseFloor

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

May 14, 2021 • 11:06 AM

SenateIntro Referral

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

May 17, 2021

Floor Debate

23 members

What members said about H.R. 1065 on the floor

12 Republicans11 Democrats
Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · May 14, 2021

Mr. Speaker, pursuant to House Resolution 380, I call up the bill (H.R. 1065) to eliminate discrimination and promote women's health and economic security by ensuring reasonable workplace…

Ed Perlmutter
Rep. Ed PerlmutterD-CO-7 · May 12, 2021

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 380 and ask for its immediate consideration. Mr. Speaker, for the purposes of debate only, I yield the customary 30…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · May 14, 2021

Mr. Speaker, I thank Mr. Katko for cosponsoring this bill. For as long as women have been in the workforce, they have faced discrimination because of their sex, which is only amplified when a woman…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 14, 2021

Mr. Speaker, I thank the distinguished gentleman from Virginia for his kindness. This has to pass today if we have any sense of fairness not only to women, but to our children. The Pregnant Workers…

Guy Reschenthaler
Rep. Guy ReschenthalerR-PA-14 · May 12, 2021

Mr. Speaker, I yield myself such time as I may consume. I want to thank the distinguished gentleman, my good friend from Colorado, for yielding me the customary 30 minutes. The rule before us today…

Show 8 more
Steve Cohen
Rep. Steve CohenD-TN-9 · May 14, 2021

Mr. Speaker, I rise today in strong support of the Pregnant Workers Fairness Act. This meaningful legislation will protect pregnant workers who have suffered because of insufficient workplace…

Teresa Leger Fernandez
Rep. Teresa Leger FernandezD-NM-3 · May 14, 2021

Mr. Speaker, Sunday, we celebrated Mother's Day. Today, we act to protect mothers-to-be. Every pregnant worker deserves the opportunity to support their family without risking the health of their…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · May 14, 2021

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, House Republicans have long supported protections in Federal law for all workers, including pregnant workers, and we believe…

Debbie Wasserman Schultz
Rep. Debbie Wasserman SchultzD-FL-23 · May 14, 2021

Mr. Speaker, I rise in strong support of the Pregnant Workers Fairness Act, a bipartisan proposal that will finally secure clear protection for pregnant workers. Pregnant women should not have to…

Suzanne Bonamici
Rep. Suzanne BonamiciD-OR-1 · May 14, 2021

Mr. Speaker, I thank the chairman for yielding. I rise in strong support of the bipartisan Pregnant Workers Fairness Act. As a mom and policymaker, I know how important it is to protect the health,…

Byron Donalds
Rep. Byron DonaldsR-FL-19 · May 11, 2021

Mr. Speaker, I want to thank the gentleman from Colorado for hosting the Special Order. I will also tell you, Mr. Speaker, it is actually good to be able to talk in this Chamber without that thing on…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Mar 18, 2021

I rise in support of equality and the principle that our Constitution was designed, not to shore up the dominance of the historically powerful, but to ensure the rights of all and to foster a society…

Michael Cloud
Rep. Michael CloudR-TX-27 · May 11, 2021

Mr. Speaker, I thank the gentleman from Colorado for organizing this. This is an essential topic in this essential time that we find ourselves. We have a unique foundation, in that our Nation rests…

Show 11 more
Andrew S. Clyde
Rep. Andrew S. ClydeR-GA-9 · May 11, 2021

Mr. Speaker, I thank the gentleman from Colorado for hosting this Special Order on this very important and increasingly pervasive issue in our society: Cancel culture. I hold very deep concerns about…

Liz Cheney
Rep. Liz CheneyR-WY · May 11, 2021

Mr. Speaker, I would like to thank very much my friend, colleague, Mr. Buck, for yielding me time this evening. I know the topic, Mr. Speaker, is cancel culture. I have some thoughts about that. But…

John Katko
Rep. John KatkoR-NY-24 · May 14, 2021

Mr. Speaker, I rise in strong support of the Pregnant Workers Fairness Act. I was proud to join Chairman Nadler and Representatives Herrera Beutler, McBath, and Scott in introducing this important…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · May 14, 2021

Mr. Speaker, I thank the gentleman for the recognition and for his leadership, and that of the committee in bringing this important bipartisan legislation to the floor. I salute the gentleman; I…

Chip Roy
Rep. Chip RoyR-TX-21 · May 11, 2021

Mr. Speaker, I thank the gentleman from Colorado for organizing this important topic of conversation. I thank the gentlewoman from North Carolina for recognizing the law enforcement officers in her…

Mark E. Green
Rep. Mark E. GreenR-TN-7 · May 11, 2021

Mr. Speaker, before I jump into my remarks, I would like to echo what my colleague from Texas said. The interesting thing about the Major League Baseball decision is, only 2 days before they decided…

Don Bacon
Rep. Don BaconR-NE-2 · May 12, 2021

Mr. Speaker, I rise to urge defeat of the previous question so that we can immediately consider my bill to ensure that those who risk their lives to protect all of us are afforded greater protections…

Ken Buck
Rep. Ken BuckR-CO-4 · May 11, 2021

Mr. Speaker, I ask unanimous consent that Members have 5 legislative days to revise and extend their remarks. Mr. Speaker, cancel culture is a dangerous phenomenon, the total silencing and erasing of…

Lucy McBath
Rep. Lucy McBathD-GA-6 · May 14, 2021

Mr. Speaker, I thank Chairman Scott for bringing this vital legislation to the floor. The Pregnant Workers Fairness Act will ensure that no pregnant woman is unfairly forced out of their job or risk…

Andy Biggs
Rep. Andy BiggsR-AZ-5 · May 11, 2021

Cancel culture is eroding the very foundation of who we are as an American people. Rowan Atkinson, the star of the British TV series ``Maigret'' said that it is like a medieval mob coming to burn…

Janice D. Schakowsky
Rep. Janice D. SchakowskyD-IL-9 · May 14, 2021

Mr. Speaker, pregnant women should never have to choose between maintaining a healthy pregnancy and their paycheck. This critical bill will ensure that pregnant women get accommodations when they…

Bill Text

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Latest
Referred in SenateIssued May 17, 2021

IIB

117th CONGRESS

1st Session

H. R. 1065

IN THE SENATE OF THE UNITED STATES

May 17, 2021

Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions

AN ACT

To eliminate discrimination and promote women’s health and economic security by ensuring reasonable workplace accommodations for workers whose ability to perform the functions of a job are limited by pregnancy, childbirth, or a related medical condition.

1.

Short title

This Act may be cited as the Pregnant Workers Fairness Act.

2.

Nondiscrimination with regard to reasonable accommodations related to pregnancy

It shall be an unlawful employment practice for a covered entity to—

(1)

not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee, unless such covered entity can demonstrate 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 reasonable accommodation arrived at through the interactive process referred to in section 5(7);

(3)

deny employment opportunities to a qualified employee if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee;

(4)

require a qualified employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations 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 employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee.

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 Attorney 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 employment practice in violation of this Act against an employee described in section 5(3)(A) 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 Commission, the Attorney General, or any person alleging such practice.

(3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes).

(b)

Employees Covered by Congressional Accountability Act of 1995

(1)

In general

The powers, remedies, and procedures provided in the Congressional Accountability 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, respectively, 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 alleging such practice.

(3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures 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 respect to a claim alleging a practice described in paragraph (1), title III of the Congressional Accountability 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 alleging 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 unlawful employment practice in violation of this Act against an employee described in section 5(3)(C) 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 President, the Commission, the Board, or any person alleging such practice.

(3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the President, the Commission, 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).

(d)

Employees Covered by Government Employee Rights Act of 1991

(1)

In general

The powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b; 2000e–16c) to the Commission or any person alleging a violation of section 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1)) shall be the powers, remedies, and procedures this Act provides to the Commission or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(D) 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 Commission or any person alleging such practice.

(3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures 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 procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(E) 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 Commission, the Attorney General, the Librarian of Congress, or any person alleging such practice.

(3)

Damages

The powers, remedies, and procedures provided in section 1977A of the Revised Statutes (42 U.S.C. 1981a), including the limitations contained in subsection (b)(3) of such section 1977A, 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 (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 opposed 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 investigation, proceeding, or hearing under this Act.

(2)

Prohibition against coercion

It shall be unlawful to coerce, intimidate, threaten, or interfere 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 exercise 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 violations of this subsection.

(g)

Limitation

Notwithstanding subsections (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful employment practice involves the provision of a reasonable accommodation pursuant to this Act or regulations implementing this Act, damages may not be awarded under section 1977A of the Revised Statutes (42 U.S.C. 1981a) if the covered entity demonstrates good faith efforts, in consultation 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.

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.

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 respondent 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 person engaged in industry affecting commerce 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 Accountability Act of 1995 (2 U.S.C. 1301) and section 411(c) of title 3, United States Code;

(iii)

an entity employing a State employee 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 applicant), as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301);

(C)

a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code;

(D)

a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); or

(E)

an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies;

(4)

the term person has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a));

(5)

the term known limitation means physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or employee’s representative has communicated to the employer whether or not such condition meets the definition of disability specified in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102);

(6)

the term qualified employee means an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position, except that an employee or applicant shall be considered qualified if—

(A)

any inability to perform an essential function is for a temporary period;

(B)

the essential function could be performed 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 Disabilities 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.

6.

Waiver of State immunity

A State shall not be immune under the 11th Amendment 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 equity) 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.

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, childbirth, or related medical conditions.

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 persons or circumstances shall not be affected.

Passed the House of Representatives May 14, 2021.

Cheryl L. Johnson,

Clerk