Washington, D.C. – The Equal Employment Opportunity Commission (EEOC) is quietly moving to undermine the landmark Pregnant Workers Fairness Act (PWFA), according to a New York Times report that describes the EEOC’s plans to restrict critical and hard fought protections for workers.

Passed in 2022 with overwhelming bipartisan support, the PWFA requires employers to provide accommodations for workers affected by pregnancy, childbirth, or related medical conditions. This includes bathroom and water breaks, reprieves from heavy lifting, and time off for prenatal appointments.

In 2024, the EEOC issued regulations to help implement the PWFA by making the law’s protections clear to employers and accessible to workers. Under the law, pregnant workers are entitled to reasonable accommodations that address the wide range of health care needs they may experience, including abortion-related accommodations, without unnecessary barriers or delays. The EEOC’s plans to weaken these regulations will make it harder for pregnant workers to maintain their health and their jobs.

“Congress passed the Pregnant Workers Fairness Act so that workers would not have to choose between protecting their health and keeping their jobs,” said Gaylynn Burroughs, Vice President for Education and Workplace Justice at the National Women’s Law Center. “The federal government should be doing everything in its power to make that promise a reality for all workers. Instead, the EEOC is once again planning to upend rules that workers and employers have relied on, sowing confusion and making it harder for workers to get the accommodations they need to continue working safely. At a time when costs continue to rise, it is baffling why the EEOC would take action to make it harder for women and pregnant workers to thrive. But no matter what the EEOC does, it cannot change the law. Workers still have the right to accommodations for the full range of needs they may face related to pregnancy.”

Last week, NWLC filed an amicus brief in a case involving a pregnant hospital worker, urging an appellate court saying PWFA was intended to protect the right to reasonable accommodations employees need to keep working. The EEOC’s work to modify the PWFA comes at the same time as it rolls back civil rights enforcement more broadly, including stopping enforcing workplace protections for transgender workers. NWLC and Democracy Forward are currently appealing the decision in FreeState Justice v. Equal Employment Opportunity Commission, seeking to restore the Commission’s legal obligation to process discrimination charges brought by transgender workers. NWLC remains committed to fighting for the rights and safety of all workers.

To speak with a NWLC expert about the impacts of the EEOC’s plans, please contact [email protected]. 

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