On May 21, 2025, a federal court in Louisiana vacated a portion of the Equal Employment Opportunity Commission’s (EEOC) Pregnant Workers Fairness Act (PWFA) regulations, which required employers to reasonably accommodate employees who choose to have an abortion. The court concluded that the EEOC’s PWFA interpretation to include an abortion accommodation mandate exceeded its statutory authority.
The PWFA requires employers with at least 15 employees to “make reasonable accommodations for the known limitations related to the pregnancy, childbirth or related medical conditions” of a qualified employee or applicant, unless they can demonstrate the accommodation would pose an “undue hardship.” This is similar to California’s pregnancy disability leave (PDL), which requires employers with five or more employees to provide reasonable accommodations to employees affected by pregnancy.
As previously reported, on April 19, 2024, the EEOC approved its Final Rule implementing the PWFA, and multiple lawsuits were filed challenging the rule prior to it taking effect in June 2024.
In this case, which was originally filed in May 2024, the states of Louisiana and Mississippi and a group of four Catholic organizations challenged the EEOC’s PWFA rule, arguing that it violated the Administrative Procedure Act and the U.S. Constitution by including abortion as an example of a medical condition related to pregnancy, for which employers must provide reasonable accommodation. In June 2024, the court issued a limited preliminary injunction prohibiting enforcement of the rule’s abortion provisions for employers in Louisiana and Mississippi and the four Catholic organizations.
Almost a year later, the court has concluded — based on an analysis of the PWFA’s text and principles of statutory construction — that the EEOC’s elective abortion accommodation requirement exceeds its statutory authority to implement the PWFA, which coincides with the court’s initial conclusion when it issued the 2024 preliminary injunction. The court’s order directs the EEOC to revise its Final PWFA Rule and any implementing regulations and guidance in accordance with the court’s decision.
The court made it clear, however, that the order doesn’t apply to terminations of pregnancy or abortions stemming from the underlying treatment of a medical condition related to pregnancy. Additionally, both federal and state law protects the decision to have an abortion.
Notably, the court’s order doesn’t impact other provisions of the PWFA regulations, all of which remain in effect. As a reminder, while state and federal pregnancy accommodation requirements largely overlap, the PWFA differs from California law in certain ways, including allowing for the suspension of essential functions as a reasonable accommodation and certain documentation restrictions. Employers should review their policies and consult with their legal counsel to ensure they are in compliance.
James W. Ward, J.D., Employment Law Subject Matter Expert/Legal Writer and Editor, CalChamber
CalChamber members can read more about Providing Reasonable Accommodation and Transfer when an employee is affected by pregnancy in the HR Library. Not a member? See how CalChamber can help you.
