A federal court in Louisiana ruled that the Equal Employment Opportunity Commission (EEOC) had exceeded its authority by mandating accommodations for elective abortions under the Pregnant Workers Fairness Act (PWFA). This ruling puts a temporary hold on that requirement nationwide.
Background
The PWFA requires employers to reasonably accommodate employees experiencing limitations stemming from pregnancy, childbirth, or related conditions—unless doing so would impose undue hardship. However, a controversial aspect of the rule was its inclusion of abortion (even when elective and not medically necessary) as a qualifying condition for accommodation.
This approach sparked legal opposition, particularly from Louisiana and Mississippi and from faith-based organizations, who argued the rule went beyond the intent of the original law. The judge agreed and ordered the EEOC to revise its guidance, stripping away the abortion-specific requirements.
Although parts of the EEOC’s rule were vacated, the rest of the PWFA remains in full effect. Employers must still ensure they provide reasonable accommodations for pregnancy-related conditions.
Employer Considerations
- Ensure your HR personnel and supervisors are trained on PWFA requirements, especially where they differ from the Americans with Disabilities Act (ADA), such as allowing the suspension of essential job functions or avoiding unnecessary medical leave placements.
- Requests for accommodation can be informal—no specific form or language is required. Be responsive and avoid delays that might be interpreted as noncompliance.
- Ask for medical documentation only when it is truly necessary. Many situations—like needing breaks during pregnancy or time to nurse—don’t require additional verification.
- Consult legal counsel before denying a request for accommodation. The threshold for undue hardship is high, and the risks of mishandling requests are significant.
- Other laws like the PUMP for Nursing Mothers Act (PUMP Act) still require dedicated time and private spaces for breastfeeding, and these rules apply to a broad range of workers.