EEOC Moves to Narrow Pregnancy Accommodation Rule as Its Lawsuits Continue

The Pregnant Workers Fairness Act is one of the few recent workplace laws that drew broad bipartisan support. It requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth and related medical conditions, unless doing so would cause undue hardship. The law itself has not changed. The regulations interpreting it are about to.

How the rules have shifted

The act took effect on June 27, 2023. The Equal Employment Opportunity Commission's final rule implementing it took effect on June 18, 2024. That rule interpreted related medical conditions broadly and included elective abortion among conditions that could require accommodation.

Legal challenges followed. A federal court in Louisiana vacated the portion of the rule requiring accommodation of elective abortions. In a separate Texas case, the 5th U.S. Circuit Court of Appeals vacated its August 2025 decision in January 2026 and agreed to rehear the case before the full court.

With its quorum restored, the EEOC placed revisions to the PWFA regulations on its regulatory agenda as an economically significant proposed rule. J.J. Keller reported that the agency planned to propose revisions in November that would reinterpret the phrase pregnancy, childbirth or related medical conditions. HR Dive reported on November 3 that the EEOC has signaled a rollback of parts of the 2024 rule. Under Chair Andrea Lucas, the agency has taken a narrower view focused on the actual pregnancy and conditions caused or worsened by it.

Enforcement has not slowed

The narrower interpretation does not mean the agency has stepped back from enforcement. HR Brew reported that the PWFA remains an enforcement priority under the current administration, and the EEOC sued a number of companies in 2025 for allegedly denying accommodations.

In August 2026, the EEOC sued an automotive lighting manufacturer for failing to accommodate pregnant and nursing employees. Acting General Counsel Catherine Eschbach said employers cannot force pregnant workers onto leave or push nursing mothers out of their jobs when a reasonable accommodation would allow them to keep working. The law requires accommodations such as lifting restrictions and time to pump breast milk at work.

Fisher Phillips reviewed the agency's PWFA lawsuits and identified clear patterns. The EEOC has targeted forced leaves of absence, ignored requests and failures to engage in the interactive process. Those are the areas where employers face the most risk regardless of how the regulations change.

The agency has also shown interest in how employers treat applicants. Refusing to hire a qualified candidate because she is pregnant, or because she might need an accommodation, violates both the PWFA and long-standing pregnancy discrimination law. Hiring managers should be reminded that pregnancy is never a reason to pass over an otherwise qualified applicant, a point worth including in training and coaching for supervisors.

What the law requires in practice

Most PWFA accommodations are simple and inexpensive. Common examples include more frequent breaks, permission to sit, access to water, temporary relief from heavy lifting, schedule changes for medical appointments, a modified uniform and a private space to express breast milk. Leave is supposed to be a last resort when an employee can keep working with another accommodation.

The law also limits what employers can demand. The EEOC's guidance has emphasized that employers should not require extensive medical documentation for obvious or common needs. Paperwork designed for the ADA or the Family and Medical Leave Act is often unnecessary and can itself create problems.

Steps for employers

Train supervisors first. Most PWFA problems begin with a frontline manager who tells a pregnant employee she cannot do the job, removes her from the schedule or ignores a request because it was not made in writing. Supervisors should know that a request can be informal and that it should go to HR promptly.

Create a simple process. Name a contact person, respond quickly, discuss options with the employee and document what was offered and why. Revisit the accommodation as needs change through pregnancy, after childbirth and while nursing.

Coordinate with other leave rights. Employees may have overlapping rights under the PWFA, the FMLA, the ADA and state paid leave programs, which we cover in our paid leave roundup. Manufacturing and other physically demanding workplaces face the most frequent accommodation requests, a point relevant to heat safety planning as well.

Employers should watch for the EEOC's proposed revisions and the 5th Circuit's ruling. In the meantime, the statute's core duty remains the same. A pregnant worker who can keep working with a reasonable change should be allowed to do so.