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.
Rep. James P. McGovern
Sponsored bills
Stop EITC and CTC Seizures Act This bill prohibits the Department of the Treasury from reducing a taxpayer's tax refund for student loan debt to the extent that such reduction would cause the refund to be less than the sum of the earned income tax credit and the child tax credit.
Metastatic Breast Cancer Access to Care Act This bill expedites payment of Social Security Disability Insurance (SSDI) benefits and eligibility for Medicare coverage for those with metastatic breast cancer (i.e., breast cancer that has spread to other sites in the body). Specifically, the bill eliminates the 5-month waiting period for SSDI benefits and the subsequent 24-month waiting period for Medicare coverage for individuals with metastatic breast cancer. Under current law, individuals generally must wait five months after the onset of disability to begin receiving SSDI benefits and an additional 24 months to become eligible for Medicare.
Fairness for Farm Workers Act This bill extends overtime pay protections to agricultural workers. The bill requires employers, beginning in 2022, to compensate agricultural workers for hours worked in excess of their regular hours (i.e., 55 hours in 2022, 50 hours in 2023, 45 hours in 2024, and 40 hours in 2025) at not less than one and one-half times the employee's regular rate. For employers with 25 or fewer employees, the overtime pay requirements begin in 2025. These overtime pay requirements do not apply, as under current law, to employees who are the parent, spouse, child, or other member of the employer's immediate family. The bill also repeals the exemption from overtime pay requirements for employers in various agriculture-related industries, including certain small farms, irrigation projects, sugar processing, and cotton ginning and compressing.
Demilitarizing Local Law Enforcement Act of 2021 This bill eliminates the authority of the Department of Defense to transfer surplus military property to federal and state agencies for law enforcement activities.
I am Vanessa Guillén Act of 2021 This bill addresses the policies and procedures of the Department of Defense (DOD) for cases or allegations of sex-related offenses.
Health Equity and Access under the Law for Immigrant Women and Families Act of 2021 or the HEAL Immigrant Women and Families Act of 20 21 This bill extends Medicaid and Children's Health Insurance Program coverage to individuals lawfully present in the United States who otherwise meet eligibility requirements. Individuals granted federally authorized presence also are required to maintain minimum essential health insurance coverage and are eligible for health insurance exchanges, reduced cost sharing, premium subsidies, and premium tax credits.
Nurse Staffing Standards for Patient Safety and Quality Care Act of 2021 This bill requires hospitals to implement and submit to the Department of Health and Human Services (HHS) a staffing plan that complies with specified minimum nurse-to-patient ratios by unit. Hospitals must post a notice regarding nurse-to-patient ratios in each unit and maintain records of actual ratios for each shift in each unit. The bill also requires hospitals to follow certain procedures regarding how ratios are determined and other staff are prohibited from performing nurse functions unless specifically authorized within a state's scope of practice rules, among other requirements. HHS must adjust Medicare payments to hospitals to cover additional costs attributable to compliance with these ratios. Nurses may object to, or refuse to participate in, an assignment if it would violate minimum ratios or if they are not prepared by education or experience to fulfill the assignment without compromising the safety of a patient or jeopardizing their nurse's license. Hospitals may not (1) take adverse actions against a nurse based on the nurse's reasonable refusal to accept an assignment; or (2) discriminate against individuals for good faith complaints relating to the care, services, or conditions of the hospital or related facilities. HHS may impose civil monetary penalties on hospitals violating the ratio requirements and must publish the names of such hospitals. The bill provides stipends to the nurse workforce loan repayment and scholarship program and expands the nurse retention grant program to include nurse preceptorship and mentorship projects.
Postal Service Improvement Act This bill requires mail-in ballots for federal elections to meet certain design and tracking requirements and revises authority to provide parental leave to postal employees. Specifically, each mail-in ballot must be carried or delivered in an envelope that contains a USPS barcode that enables tracking of each individual ballot, satisfies USPS requirements for ballot envelope design and for machinable (i.e., able to be processed using USPS equipment) letters, and includes the official election mail logo. The federal government must reimburse each state (including the District of Columbia and any U.S. territory or possession) for the cost of using the barcode service. The bill also provides paid parental leave to officers and employees of the USPS and the Postal Regulatory Commission.
Enhance Access To SNAP Act of 2021 or the EATS Act of 20 21 This bill expands eligibility for the Supplemental Nutrition Assistance Program to students attending institutions of higher education.