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Congressman Tom McClintock

Representing the 4th District of California

H.R. 2694 Pregnant With Litigation: No.

September 17, 2020
Vote Notes on Legislation

H.R. 2694 Pregnant With Litigation: No.  The Pregnancy Discrimination Act of 1978 already prohibits discrimination on the basis of pregnancy, childbirth, or a related condition.  This bill adds an undefined mandate for “reasonable accommodation” which opens a pandora’s box of litigation.  Large corporations might bear this burden, small employers could find it devastating.  Ironically, the unintended effect could result in employers avoiding the potential liability when making hiring decisions.  It also cedes law-making authority to the Equal Employment Opportunity Commission to carry out this act – meaning the EEOC would make law, enforce the law, adjudicate the law and profit from fines imposed under the law – something the Founders sought to avoid by separating legislative, executive and judicial powers.