EEOC Signals Potential Revision of Pregnant Workers Fairness Act Regulations
The commission plans to narrow its interpretation of pregnancy-related medical conditions by November.
1Regulatory Revision Plans
The U.S. Equal Employment Opportunity Commission signaled plans to revise regulations implementing the Pregnant Workers Fairness Act. An abstract filed with the Office of Management and Budget indicates the agency intends to modify its interpretation of pregnancy, childbirth, and related medical conditions. The proposed changes are expected to be published for public comment soon.
2Focus on Reproductive Definitions
Chair Andrea Lucas previously criticized the current rule for conflating pregnancy accommodations with broader female reproductive biology. She argued the existing framework reaches conditions like infertility, menstruation, and menopause. The agency aims to refine these definitions, potentially narrowing the scope of what employers must accommodate under the federal law moving forward.
3Historical Context of Regulations
The current PWFA regulations were finalized in April 2024. During the initial rulemaking process, the agency received over 100,000 public comments, with many stakeholders specifically requesting the exclusion of abortion from the definition of related medical conditions. The agency is now revisiting these interpretations following shifts in leadership and administration priorities.
4Judicial Impact on Abortion
In May 2025, a federal judge vacated the portion of the PWFA rule that required accommodations for elective abortions. The court order specifically excluded abortions stemming from underlying medical conditions related to pregnancy. This judicial intervention set a precedent that the agency must now navigate as it considers broader regulatory adjustments.
5Enforcement Activity Levels
Despite the planned regulatory revisions, the EEOC maintains an active enforcement stance regarding pregnancy discrimination. Since the start of the second Trump administration, the agency has initiated over 40 public enforcement actions. These include lawsuits, subpoena enforcements, and pre-litigation settlements under the PWFA, the Pregnancy Discrimination Act, and the Americans with Disabilities Act.
6Financial Relief for Workers
The agency reported filing 24 lawsuits and securing approximately $1.6 million in financial relief for victims of pregnancy-related discrimination. An EEOC spokesperson emphasized that these actions demonstrate a continued commitment to protecting pregnant workers, even as the commission deliberates on potential changes to the underlying regulatory definitions and compliance requirements.
7Public Comment Process
Once the proposed rule is officially published in the Federal Register, the public will have a formal opportunity to submit feedback. The EEOC filing indicates that the agency expects the comment period to conclude by January. Employers and legal experts are monitoring this timeline to understand how compliance obligations might shift.
8Strategic Compliance Implications
The potential rollback of these regulations signals a significant shift in how employers must manage accommodation requests. Organizations should prepare for narrower definitions of protected conditions while maintaining current compliance standards. Monitoring the Federal Register remains essential for HR departments to adjust their internal policies in alignment with the upcoming regulatory changes.