PWFA Compliance Update: Court Rejects EEOC Abortion Rule 

A federal judge in Louisiana ruled that the EEOC overstepped its authority by requiring elective abortion accommodations under the PWFA. This narrows the EEOC’s interpretation, but the law’s core protections still apply.

The decision invalidates an EEOC rule that said the PWFA’s duty to accommodate “known limitations related to … pregnancy, childbirth, or related medical conditions” includes a duty to accommodate a decision to have an elective abortion.

It’s important to understand how the rule changes covered employers’ obligations under the PWFA – and to know that the bulk of protections provided by the law remain firmly in place.

Timeline: How the EEOC Abortion Rule Evolved

The Pregnant Workers Fairness Act, which was passed in December of 2022 and took effect in June of 2023, requires covered employers to reasonably accommodate known limitations relating to the pregnancy, childbirth or related medical condition of any applicant or employee.

Title VII bans pregnancy discrimination, but it does not require employers to provide reasonable accommodations. The PWFA was designed to close that gap.

EEOC Issues PWFA Rules

The EEOC interpreted “related medical conditions” broadly when writing PWFA rules. This created a duty to accommodate employees who have abortions, including elective ones.

For HR teams, this meant abortion could qualify for job accommodations, even though the statute never explicitly mentioned it.

That part of the rule did not sit well with some states and religious organizations. Less than a month after the final rule was implemented, Mississippi and Louisiana sued to challenge what they called the rule’s “abortion accommodation mandate.” Four Roman Catholic-affiliated organizations soon followed with a similar suit, and the cases were consolidated.

Abortion Rule: Court Issues Preliminary Injunction

In June of 2024, the court ruled that Congress likely did not intend to include abortion as a “related medical condition” under the PWFA. The judge said the rule “impedes the states’ ability to control their own messaging with respect to abortion.” The court postponed the effective date of the rule for the elective abortion accommodation requirement.

Toward the end of May, the court considered motions for summary judgment in the case and decided that the elective abortion accommodation mandate could not stand.

What’s Wrong With the EEOC’s Abortion Rule?

In short, the court said the EEOC cannot expand the PWFA beyond what Congress authorized. Because the law passed shortly after states regained control over abortion regulation, the court doubted Congress meant to require abortion accommodations.

The court vacated the abortion accommodation mandate for elective abortions.

What the Ruling Means for PWFA Compliance

The court ruled that the EEOC went too far by requiring elective abortion accommodations under the PWFA. Other parts of the law, including Title VII protections, still apply and remain enforceable. Here are your key points to keep in mind:

• Under Title VII, covered employers may not discriminate against an applicant or employee because they have an abortion. For example, firing or disciplining an employee because they elect to have an abortion remains clearly prohibited.
• The PWFA still requires covered employers to accommodate known limitations related to pregnancy, childbirth or a related medical condition, unless doing so would create an undue hardship.
• The PWFA does not replace or preempt other laws that provide greater protection for applicants or employees. 
• Examples of job accommodations that may be provided under the PWFA include providing extended breaks, modifying dress code rules and adjusting work schedules. 
• Under the PWFA, “undue hardship” means what it means under the Americans with Disabilities Act: significant difficulty or expense.

Next Steps for HR

Use these action items to align your policies and training with the updated ruling: 

• Review PWFA policies and remove elective abortion references unless state law requires them.
• Update manager training to reflect the new limits.
• Track legal updates or EEOC guidance that could shift this standard again.
• Check state-level accommodation laws to avoid compliance gaps, especially if you’re a multistate employer.

One court ruling doesn’t untangle the reality HR deals with every day. Join our free webinar What HR Needs to Know About Leave as an ADA or PWFA Accommodation on June 26, for more practical insights on what’s changed, what still applies and how to stay compliant. Reserve Your Spot.

State of Louisiana v. Equal Employment Opportunity Comm’n, No. 2:24-cv-00629 (W.D. La. 5/21/25).