[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9671 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9671
To expand access for workers experiencing symptoms related to menopause
and the menopause transition to reasonable accommodations that enable
them to perform the essential functions of their job without risking
their health or economic security.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2026
Mrs. Dingell (for herself, Ms. Clarke of New York, Ms. Norton, Ms.
Wilson of Florida, and Ms. Tlaib) introduced the following bill; which
was referred to the Committee on Education and Workforce, and in
addition to the Committees on House Administration, Oversight and
Government 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
_______________________________________________________________________
A BILL
To expand access for workers experiencing symptoms related to menopause
and the menopause transition to reasonable accommodations that enable
them to perform the essential functions of their job without risking
their health or economic security.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Menopausal Workers' Fairness Act of
2026''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Federal law currently does not explicitly protect
against discrimination based on menopause and the menopause
transition, though employees experiencing symptoms related to
menopause and the menopause transition may have protection
under laws and regulations--such as the Americans with
Disabilities Act--prohibiting employment discrimination,
including harassment, on the basis of age, sex, disability, or
a combination of these characteristics, and from retaliation
for requesting reasonable accommodation.
(2) Despite existing protections, the topic of menopause
and the menopause transition is often surrounded by stigma, and
employees may not disclose the workplace impact of symptoms of
menopause and the menopause transition or request
accommodations related to symptoms of menopause and the
menopause transition.
(3) According to the Women's Bureau at the United States
Department of Labor, menopause has not been addressed
comprehensively in the context of work, which has contributed
to a lack of understanding about the impact of menopause and
the menopause transition on workers and what types of policies
and supports can be implemented to improve their experiences at
work.
(4) Formal workplace protections for workers experiencing
symptoms of menopause and the menopause transition would
bolster the ability of these workers to fully participate in
the workplace, particularly now that women ages 45 to 64 make
up over 17 percent of the U.S. labor force.
(5) Other countries, such as the United Kingdom, have taken
steps to address menopause and the menopause transition in the
workplace, recognizing the economic and social costs of failing
to accommodate these workers.
(b) Purposes.--The purposes of this Act are the following:
(1) To carry out the objective of expanding access for
workers experiencing symptoms related to menopause and the
menopause transition to reasonable accommodations that enable
them to perform the essential functions of their job without
risking their health or economic security.
(2) To reduce stigma and promote awareness of menopause and
the menopause transition in the workplace by normalizing the
provision of accommodations and addressing the impact of
menopause, the menopause transition, and symptoms related to
the menopause transition in the workplace.
(3) To further align the landscape of workplace protections
with updated understandings of women's health, by recognizing
menopause and the menopause transition as a normal stage of
life that requires appropriate workplace accommodations to
support worker well-being and productivity.
(4) To foster increased workplace inclusivity and equity,
supporting women throughout their entire reproductive life
cycle, and ensuring that individuals experiencing symptoms
related to menopause and the menopause transition can continue
to contribute their skills without facing discrimination or
unnecessary barriers.
(5) To support the retention of experienced employees by
improving the workplace impacts of symptoms of menopause and
the menopause transition, thereby promoting economic growth and
reducing productivity losses tied to absenteeism, early
retirement, and reduced job satisfaction.
(6) To make it easier for workers experiencing symptoms
related to menopause, and the menopause transition to obtain
protection under Federal law.
SEC. 3. 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 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 of the 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), and an
individual described in section 201(d) of the
Congressional Accountability Act of 1995 (2 U.S.C.
1311(d));
(C) a covered employee (including an applicant), as
defined in section 411(c) of title 3 of the 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 ``known limitation'' means physical or mental
effects related to, affected by, or arising out of menopause,
menopause transition, symptoms, and related effects that the
employee or employee's representative has communicated to the
employer whether or not such effects meets the definition of
disability specified in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102), including but not
limited to--
(A) mood changes;
(B) hot flashes;
(C) stiff muscles;
(D) irregular or worsening menstrual symptoms;
(E) dizziness;
(F) sleep disruptions;
(G) cognitive issues;
(H) joint and muscle pain;
(I) fatigue;
(J) anxiety;
(K) depression;
(L) urine leakage and urinary incontinence;
(M) increased urinary tract and gynecological
infections;
(N) dry skin;
(O) dry eyes;
(P) dry mouth;
(Q) racing heart; and
(R) headaches;
(5) 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));
(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 or intermittent period;
(B) the essential function could be performed in
the near future, taking into account the episodic
nature of the condition; or
(C) the inability to perform the essential function
can be reasonably accommodated;
(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, including
with regard to the interactive process that will typically be
used to determine an appropriate reasonable accommodation;
(8) the term ``Predictable Assessments'' means the
individualized assessment of whether a modification listed in
section 101 is a reasonable accommodation that would cause
undue hardship will, in virtually all cases, result in a
determination that the modifications listed in subparagraphs
(I) through (IV) are reasonable accommodations that will not
impose undue hardship when they are requested as accommodations
by an employee who is experiencing menopause, menopause
transition, symptoms, and related effects. Therefore, with
respect to these modifications, the individualized assessment
should be particularly simple and straightforward, without
requiring documentation--
(A) allowing an employee to carry or keep water
near and drink, as needed;
(B) allowing an employee to take additional
restroom breaks, as needed;
(C) allowing an employee whose work requires
standing to sit and whose work requires sitting to
stand, as needed;
(D) allowing an employee to take breaks to eat and
drink, as needed; and
(E) any other such modification deemed appropriate
by the Commission based on their expertise and on
public comment; and
(9) the terms ``menopause, menopause transition, symptoms
and related effects'' shall be construed broadly in favor of
expansive coverage to the maximum extent given their variable
and intermittent nature, and include but are not limited to--
(A) the term ``menopause'' refers to a life event--
(i) defined by 12 consecutive months of no
menstruation;
(ii) irreversible and marked by the
cessation of menstrual cycling, normally due to
a decreased production of ovarian hormones
associated with aging; and
(iii) often occurs naturally with age, but
can also happen due to surgery or medical
treatments, including--
(I) ``induced menopause'', which
refers to menopause that results from
surgery (removal of the ovaries or
uterus), chemotherapy, or radiation
therapy; and
(II) ``primary ovarian
insufficiency'', which refers to
menopause occurring before the age of
40, either naturally or as a result of
medical treatment or medical
conditions;
(B) the term ``menopausal transition'' refers to a
period of time that--
(i) largely overlaps with perimenopause;
(ii) is often signaled by menstrual
irregularity;
(iii) encompasses the highly symptomatic
years;
(iv) is marked by fluctuations in estrogen
levels;
(v) has been estimated to last about four
to eight years; and
(vi) ends with the final menstrual period;
(C) the term ``menopausal symptoms and related
effects'' refers to symptoms that occur because of
hormone fluctuations. Symptoms can include but are not
limited to those listed in subparagraphs (A) through
(J) of paragraph (4), which can affect work and overall
quality of life patterns.
SEC. 4. NONDISCRIMINATION WITH REGARD TO REASONABLE ACCOMMODATIONS
RELATED TO MENOPAUSE.
It shall be an unlawful employment practice for a covered entity
to--
(1) not make reasonable accommodations to the known
limitations related to the menopause, menopause transition,
symptoms, and related effects 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 menopause,
menopause transition, symptoms, or related medical effects to
accept an accommodation other than any reasonable
accommodation;
(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 menopause, menopause transition, symptoms, or related
medical effects of the qualified employee;
(4) require a qualified employee to take leave, whether
arrived at through the interactive process referred to in
section 102(7) of the Americans with Disabilities Act of 1990
(42 U.S.C. 12111(7)), paid or unpaid, if another reasonable
accommodation can be provided to the known limitations related
to the menopause, menopause transition, symptoms, or related
medical effects of the qualified employee;
(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 menopause, menopause
transition, symptoms, or related medical effects of the
employee; and
(6) treat information obtained regarding the medical
condition or history of the employee as anything other than a
confidential medical record that is collected and maintained on
separate forms and in separate medical files, except that--
(A) supervisors and managers may be informed
regarding necessary restrictions on the work or duties
of the employee and necessary accommodations;
(B) first aid and safety personnel may be informed,
when appropriate, if effects related to menopause or
the menopause transition might require emergency
treatment; and
(C) government officials investigating compliance
with this chapter shall be provided relevant
information on the request.
SEC. 5. APPROPRIATION.
There is hereby appropriated $4,500,000 to carry out this Act.
SEC. 6. 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
102(3)(A) of the Pregnant Workers Fairness Act (42 U.S.C.
2000gg(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, 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 such Act (42 U.S.C. 1981a(a)(1))).
(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.) for the purposes of addressing allegations
of violations 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 address an allegation of an unlawful employment
practice in violation of such Act against an employee described
in section 102(3)(B) of the Pregnant Workers Fairness Act (42
U.S.C. 2000gg(3)(B)) except as provided in paragraphs (2) and
(3) of this Act.
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes (2 U.S.C. 1988) for the purposes of addressing
allegations of such a violation shall be the powers, remedies,
and procedures this Act provides to address allegations of 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, for purposes of addressing allegations of such a
violation, shall be the powers, remedies, and procedures this
Act provides to address any allegation of such practice (not an
employment practice specifically excluded from coverage under
section 1977A(a)(1) of the Revised Statutes (42 U.S.C.
1981a(a)(1))).
(c) Employees Covered by Chapter 5 of Title 3.--
(1) In general.--The powers, remedies, and procedures
provided in chapter 5 of title 3 of the 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 against an employee described in section 102(3)(C) of
the Pregnant Workers Fairness Act (42 U.S.C. 2000gg(3)(C))
except as provided in paragraphs (2) and (3) of this Act.
(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, 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 such Act).
(d) Employees Covered by Government Employee Rights Act of 1995.--
(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 102(3)(D) of the Pregnant Workers
Fairness Act (42 U.S.C. 2000gg(3)(D)) of this except as
provided in paragraphs (2) and (3) of this Act.
(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, 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 such Act (42 U.S.C.
1981a(a)(1))).
(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 102(3)(E) of the Pregnant
Workers Fairness Act (42 U.S.C. 2000gg(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, 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 (42 U.S.C.
1981a(a)(1))).
(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, harass, 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 Act.
(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 menopause, menopause
transition, symptoms, or related medical effects 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.
(h) Rules of Construction.--The primary object of attention in
cases under this Act should be whether covered entities have complied
with their obligations and whether discrimination has occurred, not
whether the individual meets the definition of ``menopause, menopausal
transition, symptoms, and related effects''. Given the variable and
intermittent nature of menopause, the menopausal transition, symptoms,
and related effects, along with the need for further, more thorough
examination into its full range of impacts, the question of whether an
individual meets this definition under this part should not demand
extensive analysis or documentation.
SEC. 7. RULEMAKING.
(a) EEOC Rulemaking.--Not later than 1 year after the enactment of
this Act, the Commission shall issue regulations in an accessible
format in accordance with subchapter II of chapter 5 of title 5 of the
United States Code to carry out this Act. Such regulations shall
provide examples of known limitations associated with menopause,
menopause transition, and related effects, examples of reasonable
accommodations addressing such known limitations, and examples of when
it is reasonable for covered entities to seek supporting documentation.
(b) OCWR Rulemaking.--
(1) In general.--Not later than 6 months after the
Commission issues regulations under subsection (a), the Board
(as defined in section 101 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301)) shall (in accordance with section
304 of the Congressional Accountability Act of 1995 (2 U.S.C.
1384)) issue regulations to implement the provisions of this
Act made applicable to employees described in section 104(b) of
the Pregnant Workers Fairness Act (42 U.S.C. 2000gg-2(b)).
(2) Parallel with agency regulations.--The regulations
issued under paragraph (1) shall be the same as substantive
regulations issued by the Commission under subsection (a)
except to the extent that the Board may determine, for good
cause shown and stated together with the regulations issued
under paragraph (1) that a modification of such substantive
regulations would be more effective for the implementation of
the rights and protection under this Act.
SEC. 8. 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.
SEC. 9. 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.
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