EMPLOYMENT LAW NEWS
Compliance Conundrum: Federal Judge Vacates Abortion Accommodation under the Pregnant Workers Fairness Act
By Jana Bjorklund, GovDocs Senior Counsel and Director
Employment Law and Compliance
Published June 10, 2025
A federal judge in Louisiana struck down the EEOC’s inclusion of abortion as a protected condition under the Pregnant Workers Fairness Act (PWFA), ruling the agency exceeded its authority. While employers are no longer required to accommodate elective abortions under the PWFA, the rest of the law remains in effect, and state or local protections may still apply.
The Pregnant Workers Fairness Act (PWFA) was created to support pregnant employees in the workplace and allow for accommodations needed for such workers. In April 2024, the Equal Employment Opportunity Commission (EEOC) issued its final rule and interpretative guidance under the PWFA. Recently, a Louisiana federal judge struck down part of the EEOC’s new rules.
Key Provisions of the PWFA
The PWFA applies to private employers and public sector employers (state and local governments) that have 15 or more employees. It also applies to Congress and Federal agencies, and to employment agencies and labor organizations.
The law provides for reasonable accommodations for qualified applicants or employees who have known limitations which are defined as physical or mental conditions related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.
The Issue Before the Court
The EEOC’s rules and guidance included accommodations for abortion, including elective (non-medically necessary) procedures. This required employers to provide accommodations, such as time off or other changes necessary at work, related to an employee’s abortion unless doing so would cause the employer an undue hardship.
This provision was the catalyst for immediate criticism from religious groups and states like Louisiana who sued the EEOC under the State of Louisiana, et al vs. EEOC and United States Conference of Catholic Bishops, et al vs. EEOC. They argued that Congress never gave the EEOC authority to require accommodations for elective abortions.
Keep Informed
with GovDocs Employment Law News
Decision From the Court
In short, the federal judge agreed with Louisiana and the U.S. Conference of Catholic Bishops ruling that the EEOC did exceed its authority by including abortion in its PWFA regulations and guidance. The court removed “abortion” from the EEOC’s definition of “pregnancy, childbirth, or related medical condition.” As a result, abortion is no longer a protected condition which would require accommodation under the PWFA.
Specifically, the court’s analysis included the following finding:
- The Court cannot simply ignore the fact that the PWFA was enacted just six months after the Supreme Court decided Dobbs, which removed abortion as a constitutional concern and expressly returned the issue to the States. Congress was well aware of the implications of Dobbs when it passed the PWFA, and had it wanted to include abortion accommodation provision in the PWFA, it surely would have done so.
The court’s order vacated the portion of the final rule to the extent that it includes abortion as a related medical condition of pregnancy and childbirth and remanded the matter to the EEOC to revise the final rule and all related implementing regulations and guidance.
The decision was handed down on May 21, 2025.
What this Means for Employers
While employers are no longer (as of now) required to provide accommodations for elective abortions, employers should be mindful of the following:
- The remainder of the PWFA remains in full effect. Employers need to continue to provide accommodations for pregnancy related needs such as extra bathroom breaks, lifting restrictions or temporary job changes to name a few.
- Medically necessary abortions may still be covered. Employers still must provide accommodations for terminations of pregnancy or abortions stemming from the underlying treatment of a medical condition related to pregnancy.
- Employers may still provide accommodations for elective abortions if they want. Federal law does not prohibit employers from doing so.
- The decision to have or not to have an abortion remains protected under Title VII, and employers cannot take adverse action against an employee for having an abortion or because they plan to have an abortion.
- Despite this recent court’s ruling, employers should remain aware of any state or local laws that provide greater protections than the PWFA. If an employer is required to provide abortion-related accommodations under applicable state laws, they must do so.
And as a final reminder, the legal landscape for employers continues to shift. Employers should keep an eye on continuing changes in order to remain compliant with the variety of employment laws in the country. Subscribe to Employment Law News to stay updated.
This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.
What is GovDocs?
GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. The GovDocs software platform integrates three solutions in one convenient place to help you master the employment laws impacting your business. Whether you manage labor law postings, minimum wage or paid leave program, our products cut through research time, provide proactive insights into the everchanging landscape of employment laws and reduce the risk of noncompliance. The company is headquartered in Eagan, Minn.
The GovDocs Poster Store simplifies posting compliance for employers with less than 30 locations across all industries, offering a variety of posting products to meet your labor law compliance needs.
