10-15-2025
The EEOC now has sufficient commissioners to reach the quorum needed to change existing regulations. It is anticipated that some of those changes will pertain to the Pregnant Workers Fairness Act (PWFA). As of April 2024, the EEOC’s website stated that “pregnancy, childbirth, or related medical conditions” include “uncomplicated pregnancies, vaginal deliveries or cesarean sections, miscarriage, postpartum depression, edema, placenta previa, and lactation.” among other examples.
Acting Chair Andrea Lewis has publicly stated that she disagreed with the EEOC regulations around the phrase “pregnancy, childbirth, or related medical conditions.” She has asserted that the EEOC broadened the scope of the statute, conflating “pregnancy and childbirth accommodation with accommodation of the female sex, that is, female biology and reproduction.” Lucas stated that the regulations extended accommodation requirements to reach “virtually every condition, circumstance, or procedure that relates to any aspect of the female reproductive system.” She further asserted that “menstruation, infertility, menopause, and the like are not caused or exacerbated by a particular pregnancy or childbirth, but rather the functioning, or ill-functioning” of a woman’s reproductive system. Thus, they should not be covered under the Act.
In May 2025, a Louisiana district court vacated the portion of the EEOC’s rule requiring accommodation for “elective abortions.” It ordered the EEOC to revise the rule accordingly. Because a quorum did not exist, the EEOC could not comply. Employers should monitor the EEOC’s actions for anticipated revisions to existing regulations.