The Pregnant Workers Fairness Act (PWFA), enacted in December 2022, mandates that employers with 15 or more employees provide reasonable accommodations for employees and applicants with known limitations related to pregnancy, childbirth, or related medical conditions. Employers may only deny an accommodation if they can demonstrate that doing so would impose an undue hardship on business operations.
In April 2024, the Equal Employment Opportunity Commission (EEOC) published its Final Rule and Interpretive Guidance to implement the PWFA. This rule interprets “pregnancy, childbirth, or related medical conditions” broadly, covering a range of conditions, including:
- Current and past pregnancy
- Potential pregnancy
- Lactation (including breastfeeding and pumping)
- Use of contraception
- Menstruation
- Infertility and fertility treatments
- Endometriosis
- Miscarriage and stillbirth
- Decisions regarding abortion
Legal Challenges to the Final Rule
Shortly after the Final Rule’s publication, 17 states filed a lawsuit challenging its legality, particularly concerning accommodations for individuals seeking elective abortions. The states argued that the rule conflicted with their laws and sought an injunction to prevent enforcement. The lawsuit specifically claimed:
- The Final Rule is arbitrary and capricious;
- The EEOC’s definition of “related medical conditions” exceeds its authority under the PWFA;
- The Final Rule violates the First Amendment and constitutional principles of federalism; and
- The EEOC’s for-cause removal structure is unconstitutional under Article II of the U.S. Constitution.
Court Proceedings and Employer Impact
In June 2024, the U.S. District Court for the Eastern District of Arkansas initially dismissed the lawsuit for lack of standing. However, the U.S. Court of Appeals for the Eighth Circuit reversed this decision on February 20, 2025, in State of Tennessee et al. v. EEOC. The Eighth Circuit ruled that the states, as employers subject to the Final Rule, do have standing to challenge it, citing the “injury in fact” required immediate compliance. While remanding the case for further proceedings, the Eighth Circuit did not rule on the merits of the claims. Furthermore, prior legal challenges have narrowed the scope of required accommodations. 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.
Next Steps for Employers
The Final Rule remains in effect pending further court rulings. As a result, employers should review their current policies and practices to ensure compliance with the PWFA. Consider the following steps:
- Continuing to comply with the PWFA and its requirements for reasonable accommodation, ensure your policies align with the Final Rule’s broad definitions.
- Train human resources and managers in accommodating pregnancy-related conditions.
- Consult legal counsel for guidance on potential future changes resulting from ongoing litigation.
- The case remains ongoing, and employers should stay informed about potential developments that could impact workplace policies and compliance strategies; the EEOC may reconsider portions of the rule in the future, but no official changes have been made yet.
HR Works will monitor this topic and provide updates as new information becomes available.
