News & Analysis as of

Pregnant Workers Fairness Act

Vorys, Sater, Seymour and Pease LLP

EEOC Ordered to Remove Elective Abortion Accommodation Provision in PWFA Final Rule

A Louisiana federal judge has ordered the Equal Employment Opportunity Commission (EEOC) to remove a portion of its final rule implementing the Pregnant Workers Fairness Act (PWFA) to the extent that the final rule includes...more

Littler

Federal Court Vacates Portion of PWFA Final Rule Requiring Accommodation for Elective Abortions

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On May 21, 2025, Judge David C. Joseph of the U.S. District Court for the Western District of Louisiana issued a ruling vacating the Equal Employment Opportunity Commission’s final rule under the 2022 Pregnant Workers...more

Fisher Phillips

EEOC’s Abortion Accommodation Mandate Struck Down By Federal Court: What Employers Need To Know

Fisher Phillips on

A federal judge in Louisiana ruled yesterday that the Equal Employment Opportunity Commission (EEOC) overstepped its authority by requiring employers to accommodate elective abortions that are not medically necessary....more

Constangy, Brooks, Smith & Prophete, LLP

EEOC may have a quorum soon: 4 things employers can expect

TL;DR: Some big changes. On Tuesday, the Trump Administration nominated Brittany Bull Panuccio to the spot on the U.S. Equal Employment Opportunity Commission that has been vacant since Keith Sonderling’s term expired last...more

Burr & Forman

Managing Employee Leave: A Guide to Compliance and Best Practices

Burr & Forman on

Employee leave management has become an increasingly complex aspect of human resources, requiring a solid understanding of intersecting federal laws and company policies. From accommodating medical needs to maintaining...more

Bradley Arant Boult Cummings LLP

Ready for the Recent Arrival? Pregnant Workers Fairness Act is Here and Kicking

As everyone in Human Resources knows by now, the Pregnant Workers Fairness Act (PWFA) requires employers to reasonably accommodate employees because of pregnancy and conditions related to pregnancy. In case you missed it, we...more

Offit Kurman

Under-Performing Pregnant or Disabled Employees: Balancing Performance Management with the ADA, FMLA, and Pregnant Workers...

Offit Kurman on

Performance conversations can quickly become legal minefields when an employee is pregnant, has a disability, or has requested protected leave. Too often, well-meaning employers delay intervention, mishandle documentation, or...more

Burr & Forman

Pregnant Workers Fairness Act (PWFA) Update

Burr & Forman on

Join John Connell and Natalie Phillips as they discuss the recent legal challenges to the PWFA and discuss potential outcomes. They will also revisit the PWFA as it currently stands and provide an overview of what employers...more

Troutman Pepper Locke

New Leaders, New Focus: Navigating EEOC Updates

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Since taking office, President Trump has issued a flurry of terminations and appointments at different administrative agencies, including the Equal Employment Opportunity Commission (EEOC)....more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your April To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the Trump administration has been moving on initiatives impacting the workplace and beyond. For the latest...more

Dentons

Navigating Wage and Hour Challenges

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Healthcare entities have faced increasing pressure from the Department of Labor regarding wage and hour issues. Some of this is a hangover from COVID and the long hours many healthcare workers endured trying to meet the needs...more

Maynard Nexsen

Eighth Circuit Court of Appeals Allows Lawsuit Challenging EEOC’s PWFA Rules to Proceed

Maynard Nexsen on

In a significant legal development, the Eighth Circuit Court of Appeals has ruled that a lawsuit brought by seventeen Republican-led state attorneys general challenging the Equal Employment Opportunity Commission’s inclusion...more

Farella Braun + Martel LLP

Employer Responsibilities in Light of the Pregnant Workers Fairness Act

In 2023, Congress passed the Pregnant Workers Fairness Act (PWFA), a law aimed at ensuring fair treatment for workers who are affected by pregnancy, childbirth, or related medical conditions. The Equal Employment Opportunity...more

Fisher Phillips

Pregnant Workers Fairness Act Under Fire: What Employers Need to Know About the Latest Legal Challenges

Fisher Phillips on

The Pregnant Workers Fairness Act (PWFA) rules mandating that employers provide abortion-related accommodations are facing intensifying legal challenges now that a federal appeals court allowed a group of states to challenge...more

Littler

Policy Week in Review - February 2025 #3

Littler on

The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week....more

Troutman Pepper Locke

Eighth Circuit Finds State Standing to Challenge EEOC’s Pregnancy Accommodation Rules

Troutman Pepper Locke on

In Tennessee v. EEOC, the Eighth Circuit reversed a district court’s decision and reinstated a lawsuit by 17 states (led by the Tennessee and Arkansas attorneys general (AG)), holding that these states have standing to sue...more

Kohrman Jackson & Krantz LLP

EEOC Policy Shifts Under Trump: Effects on Gender Identity, DEI, and Abortion Accommodations

As 2025 begins under President Donald Trump’s administration, the Equal Employment Opportunity Commission (EEOC) is experiencing significant changes. President Trump has issued executive orders addressing policies related to...more

Dentons

Pregnant Workers Fairness Act Energetically Enforced by the EEOC

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It is rarely a good idea to ignore an agency request or summons, to thumb your nose at agency authority, or to simply tell them to go pound sand. There have been a variety of issues in agencies where failure to cooperate...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Reverses Dismissal of Challenge to PWFA Abortion Rules

Last week, an Eighth Circuit Court of Appeals panel reversed a district court’s dismissal of a lawsuit filed by red state attorneys general challenging the Equal Employment Opportunity Commission’s inclusion of abortion among...more

Frantz Ward LLP

EEOC Protections for Pregnant Workers Facing Legal Challenges

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A federal appeals court on February 20, 2025, cleared the path for a lawsuit seeking to block Equal Employment Opportunity Commission (EEOC) protections for pregnant workers. The U.S. Court of Appeals for the Eighth Circuit...more

Lathrop GPM

What Does the Executive Order Expanding Access to IVF Mean for You?

Lathrop GPM on

On February 18, President Trump signed an Executive Order titled, “Expanding Access to In Vitro Fertilization,” which simply instructs the Director of the Domestic Policy Council Vince Haley to submit policy recommendations,...more

Keating Muething & Klekamp PLL

Recent Executive Orders’ Impact on the EEOC

Recent executive orders have caused the Equal Employment Opportunity Commission (EEOC) to abandon litigation and guidance on LGBTQ+ protections and other areas that were priorities during the Biden administration....more

Littler

Legal Challenge to PWFA Regulations by 17 States Revived by the Eighth Circuit

Littler on

The Pregnant Workers Fairness Act (PWFA), which was passed in December 2022, requires a covered employer to provide reasonable accommodations for a qualified employee’s or applicant’s known limitations related to “pregnancy,...more

Foley & Lardner LLP

One Month into the New Administration, Employers Have a Lot to Think About

Foley & Lardner LLP on

This past week marked the one-month anniversary of the new Trump Administration, and there have been many developments — including in just the past week — to which employers need to pay attention....more

Benesch

EEOC Shakeups Under the Trump Administration Targeting Gender Identity, Abortion Accommodations, and AI Bias

Benesch on

The Trump Administration has issued swift changes in policy, and the effects are now reaching the Equal Employment Opportunity Commission (“EEOC”). While the EEOC is still awaiting quorum to vote on major actions, it is...more

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