Since the Pregnant Workers Fairness Act (PWFA) took effect in June 2023, it has significantly expanded the rights of pregnant employees in the workplace, requiring covered employers to provide reasonable accommodations for conditions related to pregnancy, childbirth, or related medical conditions. However, new legal challenges — particularly around the inclusion of abortion in the law’s protections — have cast uncertainty over its future scope. Here’s what both workers and employers need to know about the law, its implementation, and where it stands today.

What Is the Pregnant Workers Fairness Act?

The PWFA is a federal law that applies to employers with 15 or more employees. It mandates that employers must offer reasonable accommodations for employees with known limitations related to pregnancy, childbirth, or related medical conditions, unless such accommodations would cause an undue hardship on the business.

This means that, much like the Americans with Disabilities Act (ADA), employers must engage in an interactive process with pregnant employees to identify appropriate adjustments. These can include:

• Extra restroom, food, or water breaks
• A temporary change in duties
• A flexible or modified work schedule
• The ability to sit or stand as needed
• Remote work options
• Time and space to pump breast milk

Crucially, an employer cannot force an employee to take leave if a reasonable accommodation is available that allows the employee to keep working.

EEOC Final Rule & Its Controversial Inclusion

In April 2024, the Equal Employment Opportunity Commission (EEOC) issued final regulations implementing the PWFA. One of the most controversial aspects of the rule was its interpretation that abortion qualifies as a “related medical condition,” thereby triggering the requirement for accommodations such as time off or schedule changes to obtain abortion care.

This inclusion has faced swift legal backlash from conservative states and religious groups, setting the stage for a national legal battle.

Legal Challenges: Abortion Carve-Out Under Fire

17-State Lawsuit Gains Ground

A coalition of 17 Republican-led states, including Tennessee, Mississippi, and Arkansas, sued the EEOC, arguing that the abortion-related rule exceeds the agency’s authority. The 8th U.S. Circuit Court of Appeals recently ruled that the lawsuit can proceed, giving those states a path to block the abortion accommodations in their jurisdictions.

Federal Judge Blocks EEOC Rule

In May 2025, a Louisiana federal judge vacated the abortion accommodation provision nationwide, declaring that the EEOC overstepped its legal bounds by including abortion in the PWFA’s scope. The court concluded that Congress had not authorized abortion as a protected condition under the statute.

Religious Exemption: Catholic Employers Win in Court

Separately, a North Dakota judge permanently blocked the abortion-related provision as applied to certain Catholic employers, ruling that the mandate violated religious freedom protections under the First Amendment and the Religious Freedom Restoration Act (RFRA).

What Employers Should Do Now

While courts continue to hash out the legal limits of the PWFA, most of the law remains fully in force. Employers should:

1. Stay Compliant with Core Requirements
   Continue accommodating pregnancy, childbirth, and postpartum-related needs. These are unaffected by legal challenges.

2. Exclude Abortion Accommodations — for Now
Due to the vacated rule, employers are currently not required to accommodate abortion-related requests. However, this could change pending appeals.

1. Train Managers and HR Personnel
   Ensure all relevant staff are trained on how to handle accommodation requests through an interactive process, and how to document decisions appropriately.
2. Update Internal Policies
   Include language about the PWFA in employee handbooks and accommodation policies — while clearly distinguishing the current exception around abortion, if applicable.
3. Seek Legal Counsel When in Doubt
   Given the shifting legal terrain, especially in multi-state operations, it’s wise to consult counsel before denying accommodations — particularly when religious exemptions or abortion-related issues arise.

Final Thoughts: A Law in Transition

The PWFA remains a powerful protection for pregnant and postpartum workers in the U.S. Despite controversy over its application to abortion, its broader goal — to ensure that workers don’t have to choose between their health and their jobs — is not in dispute. For now, employers should prepare for a period of legal uncertainty, while staying firmly committed to the PWFA’s core intent: supporting working parents and creating equitable workplaces.

Sources:

• EEOC.gov: What You Should Know About the Pregnant Workers Fairness Act
• Fisher Phillips: “Pregnant Workers Fairness Act Under Fire”
• AP News, Court Filings, and Judicial Opinions (2024–2025)
• Pro2Learn Webinar