A recent federal court ruling out of Louisiana has brought a significant development to the Pregnant Workers Fairness Act (PWFA). On May 21, 2025, a federal judge ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its authority by requiring employers to accommodate elective abortions that are not medically necessary.
This decision effectively vacated relevant parts of the regulations that were designed to implement the PWFA. While multiple lawsuits are pending on this complex issue, the ruling currently has nationwide applicability unless and until a higher court issues a differing decision.
Furthermore, prior legal challenges have narrowed the scope of required accommodations in some jurisdictions. Specifically, in Louisiana and Mississippi, abortion-related provisions in the final regulations conflicted with state law, leading to limitations. In Texas, the law’s applicability was limited to exclude employees of state agencies.
What Does This Mean for Employers?
The Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, 2023, requires employers with 15 or more employees to provide reasonable accommodations for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause an undue hardship. The recent ruling specifically challenges the EEOC’s interpretation that “related medical conditions” includes elective abortions.
Next Steps for Employers
While certain portions of the Final Rule under the Pregnant Workers Fairness Act (PWFA) are currently subject to legal challenges, the remaining provisions remain in effect. Employers should take proactive steps to ensure compliance with the law’s existing requirements.
Recommended actions include:
- Continuing adhering to PWFA’s reasonable accommodation requirements and ensuring internal policies align with the Final Rule’s definitions and obligations.
- Providing training on recognizing and responding appropriately to accommodation requests related to pregnancy, childbirth, or related medical conditions.
- Continuing to provide reasonable accommodations for pregnancy-related conditions including, but not limited to, morning sickness, restrictions on lifting heavy objects, or postpartum recovery unless doing so would impose an undue hardship.
- Monitoring court decisions and federal agency updates to remain compliant with any changes to PWFA enforcement.
HR Works will monitor this topic and provide updates as new information becomes available.
