A Narrower Federal Standard for Pregnant Workers Approaches as the EEOC Prepares Its Revised Rule
An October 2026 settlement highlights the ongoing legal risks for employers as the Equal Employment Opportunity Commission (EEOC) prepares to narrow regulatory definitions under the Pregnant Workers Fairness Act (PWFA), with ogletree.com reporting that the federal agency has formally scheduled a notice of proposed rulemaking for November 2026.
The upcoming regulatory shift stems from sharp disagreement over the reach of the statute, which requires covered entities to accommodate known limitations related to pregnancy, childbirth, or related medical conditions unless doing so creates an undue hardship. When the EEOC issued its final rule in April 2024, then-Commissioner Lucas dissented, arguing that the agency improperly conflated pregnancy accommodation with the regulation of female biology as a whole. Lucas contended that the statute was designed to cover actual pregnancy, childbirth, and conditions caused or exacerbated by them, rather than extending to fertility treatments, menstruation, or menopause.
In Plain English: The Clinical Takeaway
- Current vs. Future Coverage: While the upcoming November 2026 proposal may strip conditions like infertility and contraception from federal accommodation mandates, basic protections for active pregnancies and postpartum recovery remain fully enforceable.
- The Leave Trap: Under the PWFA, employers are legally prohibited from forcing an eligible worker onto unpaid leave when a minor, temporary accommodation—such as a lifting restriction or a brief sitting break—would allow her to continue working.
- Independent Protections: PWFA accommodations operate separately from the Family and Medical Leave Act (FMLA), meaning employees who do not qualify for FMLA may still be entitled to workplace adjustments or recovery leave.
Judicial Intervention and the Push to Redefine Related Medical Conditions
The legal framework surrounding the PWFA experienced a major shift when the U.S. District Court for the Western District of Louisiana issued its May 21, 2025 decision in Louisiana v. EEOC. The court vacated portions of the 2024 final rule that treated elective abortion as a related medical condition requiring accommodation. In early 2025, as acting chair, Lucas reiterated her opposition to the broader interpretations of the original rule, though administrative procedures prevented the Office of the Chair from modifying the text independently.
With its quorum restored, the EEOC has now placed the revision project, tracked under RIN 3046-AB36 on the Unified Agenda, at the economically significant proposed rule stage. Employers tracking the regulatory calendar anticipate that the EEOC will propose removing past pregnancy, infertility, contraception, and menstruation from the regulatory definition of “pregnancy, childbirth, or related medical conditions.” Public comments on the expected November 2026 proposal are due in January 2027.
| Regulatory Milestone | Date | Impact on PWFA Enforcement |
|---|---|---|
| Initial Final Rule Issued | April 2024 | Broadly defined related medical conditions to include fertility, contraception, and past pregnancy. |
| Judicial Vacatur | May 2025 | Federal court struck down provisions requiring accommodations for elective abortions in Louisiana v. EEOC. |
| Proposed Rulemaking Scheduled | November 2026 | EEOC agenda targets a narrower regulatory definition tied to current pregnancy or childbirth and related conditions. |
Recent Enforcement Actions Target Rigid Leave and Light-Duty Policies
Despite expectations of a narrower rule, the EEOC continues active litigation and conciliation to penalize employers that fail to provide basic job modifications. Recent enforcement data shows that federal scrutiny remains high for organizations relying on rigid attendance policies or discriminatory light-duty practices. In the October 2026 settlement, an employer agreed to pay $245,000 and enter a two-year consent decree after discharging a worker who requested a pregnancy-related lifting restriction.
Additional matters handled by the agency in late 2026 reveal persistent operational failures among employers. A September 2026 lawsuit challenged a nonprofit that denied a temporary twenty-pound lifting restriction while routinely granting light-duty assignments to workers with workplace injuries. Other September actions involved an electronic equipment manufacturer that reassigned a pregnant employee to a role utilizing X-ray radiation before terminating her, a bar that stopped scheduling a pregnant worker without medical restrictions, and a class lawsuit against a manufacturer accused of denying lactation accommodations and pregnancy-related light duty.
Evaluating Institutional Readiness Ahead of the Proposed Rule
Frontline managers frequently mishandle accommodation requests by issuing outright denials or failing to initiate the interactive process required by federal law. Maintaining clear documentation of every request, evaluating leave requests independently of FMLA eligibility, and ensuring that light-duty policies do not systematically exclude pregnant workers remain critical steps for mitigating liability.
Organizations must also coordinate compliance with both the PWFA and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), ensuring that nursing employees receive adequate break time and private spaces to express milk. While the upcoming rule may alter the outer boundaries of eligible medical conditions, the foundational requirement to support workers through current pregnancies and childbirth remains an active enforcement priority.
References
- U.S. Equal Employment Opportunity Commission (EEOC). Unified Agenda: Revisions to the Pregnant Workers Fairness Act Regulations (RIN 3046-AB36).
- U.S. District Court for the Western District of Louisiana. Louisiana v. EEOC, May 21, 2025.
- Ogletree Deakins. Analysis of EEOC Pregnancy Accommodation Enforcement and PWFA Rule Revisions.
