The legal landscape around pregnancy accommodations has shifted several times since the Pregnant Workers Fairness Act (PWFA) took effect in June 2023. Between changes in EEOC leadership, ongoing court challenges, and political turnover, employers are understandably confused about what obligations still apply.
The bottom line: Employers must continue providing reasonable accommodations for pregnancy and related conditions — but the scope of those obligations may narrow in the coming months.
This article breaks down what is happening at the federal level, what employers are still required to do today, and what may change next.
Where We Started: The PWFA and the 2024 EEOC Regulations
The PWFA requires employers with 15+ employees to provide reasonable accommodations for the known limitations of a pregnant employee, an employee recovering from childbirth, or an employee with a related medical condition.
In 2024, the EEOC issued regulations interpreting “related medical conditions” broadly — covering:
- Menstruation
- Infertility and fertility treatments
- Lactation
- Menopause
- Recovery from miscarriage
- Elective abortion, including time off to obtain one
These interpretations significantly expanded employer obligations and sparked legal and political pushback.
Where We Are Now: A New EEOC Majority and Legal Challenges
Following the 2024 election, the EEOC experienced major leadership changes, resulting in a Republican majority. The new Chair, Andrea Lucas, has publicly stated that the Final Rule overreached in several areas — especially on issues not directly tied to pregnancy or childbirth.
Meanwhile, multiple states filed lawsuits challenging the regulations. The most significant development occurred in February 2025, when the U.S. Court of Appeals for the Eighth Circuit held that states challenging the abortion-related provisions of the rule have standing to sue. The case now returns to the district court, where the legality of the Final Rule will be fully litigated.
This means:
- The rule remains in effect for now
- But portions of it may be struck down by the courts
- And the EEOC itself may revise or rescind the rule
Employers should prepare for changes — but continue complying with existing obligations until official action is taken.
What Employers Should Expect Next
1. The Final Rule may be replaced with a more moderate version
The current EEOC leadership has signaled it intends to re-evaluate the 2024 rule. Even so, the underlying duty to provide reasonable accommodation for pregnancy and childbirth is expected to remain.
2. Enforcement priorities may shift
If the Final Rule remains in place temporarily, the EEOC (now under new leadership) may take a more conservative enforcement approach — similar to its approach regarding gender-identity discrimination under Title VII.
3. Ongoing litigation may invalidate parts of the rule
If the courts ultimately reject the abortion-related expansions of the PWFA, employers will see corresponding changes in federal guidance.
Pregnancy Accommodation: What Employers Should Do Now (and Always)
Regardless of regulatory changes, the core principles of accommodation remain the same. Employers should use this moment to reinforce foundational best practices.
1. Maintain (or adopt) a clear, simple accommodation policy
Your policy should cover:
- Pregnancy and related medical conditions
- Disabilities under the ADA
- Lactation
- Religious accommodations
- Applicable state-law requirements
Direct employees to the individual or department that handles accommodation requests.
2. Engage in the interactive process
If the exact accommodation requested is not feasible, discuss alternatives with the employee before denying a request.
3. Document all steps
Record requests, conversations, medical documentation (when appropriate), and decisions.
4. Use leave only as a last resort
If possible, provide an alternative that keeps the employee working. Leave should be considered when:
- It is the only viable accommodation, or
- The employee requests leave specifically
5. Do not forget job applicants
PWFA accommodation duties apply at the application stage as well.
Specific Pregnancy-Related Guidance for Employers
Recognize accommodation requests — even if they are informal
Employees do not need to mention the “PWFA,” use legal terms, or submit a formal request.
Request medical documentation only when appropriate
The 2024 rule adopted a low documentation standard, meaning employers should not require a doctor’s note where the condition is obvious (e.g., an employee visibly in her third trimester).
Train managers and HR
Front-line managers must know how to recognize accommodation requests and route them properly.
How Forework Helps Employers Stay Compliant
Forework’s payroll logic and compliance tools are built by labor and employment attorneys. As the PWFA continues to evolve, Forework updates accommodation-related payroll rules and HR workflows to ensure:
- Compliance with federal and state accommodation laws
- Accurate treatment of modified duty schedules
- Correct handling of reduced work hours, time-off adjustments, and leave
- Protection from wage-and-hour claims tied to pregnancy-related accommodations
Our system is designed to give employers peace of mind and legal protection, even when the regulatory environment is shifting.