Changes may be coming to the rules governing pregnancy-related workplace accommodations. Reports from November 2 indicate that the Trump administration and the Equal Employment Opportunity Commission (EEOC) are preparing to narrow the agency’s regulations implementing the Pregnant Workers Fairness Act (PWFA), the federal law enacted in 2022.
For employers, the immediate takeaway is straightforward: prepare to review your policies and monitor rulemaking over the next few months, but do not dismantle your accommodation process. A planned regulatory change is not a repeal of the PWFA, and even under the anticipated rollbacks, the law’s core accommodation obligations remain in place.
What Is the EEOC Planning?
The PWFA requires covered employers, generally those with at least 15 employees, to reasonably accommodate qualified employees’ and applicants’ known limitations related to pregnancy, childbirth, or related medical conditions, absent undue hardship. A limitation need not qualify as a disability under the Americans with Disabilities Act (ADA). The statute also prohibits requiring leave when another reasonable accommodation is available and taking adverse action because an employee requests or uses an accommodation.
The EEOC plans to revisit its interpretation of “pregnancy, childbirth, or related medical conditions,” with a proposed rule anticipated as soon as this month. These changes were forecasted by EEOC Chair Andrea Lucas in the early days of the second Trump administration. Reporting identifies elective abortions, fertility treatments, contraception, and certain postpartum or reproductive health conditions as areas of controversy, but the precise changes have not been specified by the EEOC or Lucas.
The EEOC anticipates publishing a proposed rule in November, with the public comment period expected to close in January. The proposal itself would not immediately change employers’ obligations. After the public-comment period closes, the EEOC must consider the comments before adopting a final rule and setting an effective date. Even then, any final rule could face legal challenges, creating uncertainty about when and how the changes will take effect. Employers should monitor both the rulemaking and related litigation before revising their accommodation practices.
The anticipated rulemaking also should not be confused with existing litigation over abortion accommodations. In May 2025, a federal district court in Louisiana issued a ruling with nationwide effect, partially vacating the EEOC’s regulations concerning accommodations for purely elective abortions that are not necessary to treat a pregnancy-related medical condition. That ruling did not invalidate the PWFA or the rest of its accommodation framework.
What Would a Narrower Rule Mean for Employers?
A narrower definition could change how employers evaluate some requests related to reproductive health. But it would not mean that pregnancy accommodations generally become optional; the core PWFA protections would almost certainly remain. In addition, other laws remain part of the analysis. The PWFA expressly preserves federal, state, and local laws providing equal or greater protection. Title VII, the ADA, and the Family and Medical Leave Act may independently apply, depending on the facts. A narrower PWFA regulation would not, by itself, answer whether a particular request is protected under another law.
What Should Employers Be Doing Now?
Keep responding to accommodation requests. Continue the interactive process and evaluate requests individually. Do not deny or delay a request solely because the EEOC may narrow its regulations. Ordinary requests, including those involving water, restroom breaks, sitting or standing, and breaks to eat or drink remain addressed by the existing rule.
Give managers a consistent message. Supervisors should continue routing requests to HR rather than deciding that a condition is no longer protected based on a headline. Remind them that requesting or using an accommodation must not become a reason for discipline, reduced opportunities, or other adverse treatment.
Review policies without rushing to remove protections. Identify where handbooks, accommodation forms, and manager guidance address pregnancy-related conditions and fertility treatment. Flag language that may need revision once proposed text is available. Avoid replacing an individualized process with a list of automatically excluded conditions.
Check the full legal picture before denying a request. For multistate employers, map the laws applicable where employees work. Before relying on a future federal narrowing, assess state and local accommodation requirements and any separate disability, discrimination, or leave obligations. A uniform federal policy may not resolve every location’s requirements.
Do not add new paperwork requirements prematurely. The existing regulations limit when employers may seek supporting documentation, including for specified routine pregnancy accommodations. No specific change to those requirements has been established by the reporting reviewed for this post. Review forms for unnecessary medical inquiries rather than assuming a rollback permits additional documentation.
Handle existing accommodations carefully. Do not automatically withdraw an approved accommodation if a final rule narrows coverage. Review the employee’s circumstances, other applicable laws, and the employer’s own policies before making changes. Document the analysis and the business reasons for any decision. Reach out to your Stoel attorney with any questions.
The Bottom Line
Employers should prepare for a possible change in the scope of the EEOC’s regulations, not assume that pregnancy-accommodation obligations are going away. The practical approach is to keep the existing process working, identify policies that may need attention, and make targeted changes only after confirming what has changed and which other protections still apply.
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