A judge in a Louisiana federal district court has invalidated a provision in an April 2024 final rule implementing the Pregnant Workers Fairness Act (PWFA). According to the judge, a provision of a U.S. Equal Employment Opportunity Commission (EEOC) rule defining abortion as a "related medical condition" under the PWFA is unconstitutional because it goes beyond the scope of the original legislation. The judge directed the EEOC to revise its rule to comply with its ruling.
As a result, employers no longer need to consider requests for reasonable accommodations related to elective abortions. However, the court clarified that its ruling does not affect employer obligations to accommodate abortions when performed as treatment for a pregnancy-related medical condition.
The judge also pointed out that Congress passed the PWFA about six months after the U.S. Supreme Court overturned the right to abortion in Dobbs v. Jackson Women's Health Organization. As a result, the judge reasoned, Congress was aware of the Dobbs decision and its implications. Nonetheless, Congress opted to exclude accommodations for abortion from the text of the PWFA.
The EEOC's inclusion of abortion as a "related medical condition" that allowed workers to request accommodations on that basis prompted legal challenges from multiple Republican-led states and religious advocacy groups. The PWFA, which enjoyed bipartisan support, does not explicitly address abortion.
Other provisions of the April 2024 rule implementing the PWFA remain in place as to covered businesses, which include employers with 15 or more employees. Those entities must provide "reasonable accommodations" for pregnant and postpartum women, as well as those with related medical conditions. Potential accommodations include remote work, more frequent breaks, part-time work, or leave.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
