New Provisions in Effect for Pregnant Workers Fairness Act
July 5, 2024
The U.S. Equal Employment Opportunity Commission (EEOC) issued the final regulation to implement the Pregnant Workers Fairness Act (PWFA) on April 15, 2024, with the regulations becoming effective on June 18, 2024.
Key provisions of the final rule, summarized from the EEOC, include[1]:
- Clarifies that pregnancy, childbirth, or related medical conditions refer to those of the specific employee in question;
- Addresses whether the employee could perform the essential function(s) “in the near future” in situations other than during pregnancy is determined on a case-by-case basis;
- The final rule specifies that a physical or mental condition must be “related to, affected by, or arising out of” pregnancy, childbirth, or related medical conditions. It explains that this term is inclusive, meaning pregnancy, childbirth, or related medical conditions do not need to be the sole, original, or substantial cause of the condition for it to be considered “related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions”;
- The final rule explains how, depending on the facts, certain actions may constitute violations of the prohibitions on retaliation and coercion. These actions include failing to provide interim reasonable accommodation, seeking supporting medical documentation or information when not permitted under the PWFA or the final rule, or disclosing confidential medical information.
The PWFA mandates that employers with 15 or more employees provide reasonable accommodations to qualifying employees or applicants with conditions related to pregnancy and/or childbirth.
Click here to read our blog post from January 4, 2023, which outlines employer obligations under the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act.
If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
[1]
https://www.eeoc.gov/summary-key-provisions-eeocs-final-rule-implement-pregnant-workers-fairness-act-pwfa
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On May 21, 2025, the U.S. District Court for the Western District of Louisiana struck down a provision in the Equal Employment Opportunity Commission’s (EEOC) final rule under the Pregnant Workers Fairness Act (PWFA), ruling that the agency exceeded its authority by requiring employers to accommodate elective abortions that are not medically necessary. Background Information: In June 2022, the U.S. Supreme Court issued a decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and eliminated the constitutional right to abortion. Congress passed the Pregnant Workers Fairness Act in December 2022, and it became effective in June 2023. The law requires employers with 15 or more employees to provide reasonable accommodation to qualified applicants or employees who have physical or mental conditions related to pregnancy, childbirth, or related medical conditions, unless doing so would cause significant difficulty or expense for the employer. In April 2024, The EEOC issued its final interpretation of the PWFA including abortion in the definition of “pregnancy, childbirth, or other related medical conditions” thereby requiring employers to provide accommodations related to abortion. In May 2024, the states of Mississippi and Louisiana sued the EEOC, arguing that the interpretation conflicted with the U.S. Supreme Court’s Dobbs decision and their respective state laws on abortion. In June 2024, Judge Joseph found that the EEOC exceeded its authority and issued a preliminary injunction postponing the effective date of the interpretation to provide accommodation for elective abortions until final judgment was entered in this matter. The final judgment was entered on May 21, 2025, that remanded the matter to the EEOC to revise the final rule and all related implementing regulations and guidances. Employer Takeaways: While employers are no longer (as of now) REQUIRED to provide accommodation for elective abortions, the remainder of the PWFA remains in full effect The decision to have or not have an abortion remains protected under Title VII The PWFA does not supersede state or local laws providing greater protection for pregnant workers. It is important to stay up to date on state regulations to ensure employers are complying with state laws. While it is still unclear how this ruling will impact employers nationwide, it is still important to continue to stay up to date on ever-changing legislation. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
