The Legal Network for Gender Equity and TIME’S UP Legal Defense Fund hosted a webinar on “Abortion Rights and Legal Protections for Pregnant Workers in the Post-Dobbs Era,” on April 13, 2023.  

This webinar addressed the following topics:  

  • Abortion terminology and a historical overview of key Supreme Court cases that address abortion access, including Dobbs v. Jackson Women’s Health Organization 
  • Protections and accommodations for workers included in the Pregnancy Discrimination Act and recently passed Pregnant Workers Fairness Act 
  • Implementation and notice and comment rulemaking regarding the Pregnant Workers Fairness Act 
  • The recently created Abortion Defense Network, an initiative the National Women’s Law Center has helped build along with five other reproductive rights partner organizations.  The Abortion Defense Network will serve as an expansive legal resource for people who get caught up in legal action because they provide or support abortion. 

Speakers:  

  • Gaylynn Burroughs (she/her), Director of Workplace Equality, National Women’s Law Center 
  • Noel León (she/her), Director of the Abortion Access Legal Defense Fund, National Women’s Law Center 
  • Lizzy Vogel (she/her), Senior Counsel, Legal Network for Gender Equity & TIMES UP Legal Defense Fund, National Women’s Law Center (Moderator) 

Copies of the slides are available for download on this page.  

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Updates on the Pregnant Workers Fairness Act as of April 2025: 

There have been several updates regarding the Pregnant Workes Fairness Act (PWFA) since this webinar was presented in April 2023. 

In April 2024, the U.S. Equal Employment Opportunity Commission released its Final Rule on the PWFA, and the regulations went into effect on June 18, 2024. The Final Rule also includes interpretive guidance that provides detailed explanations and examples to help workers and employers understand their rights and obligations under the PWFA. The regulations make clear that under the statute, workers with known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions 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.   

Since the PWFA was passed, some states and private employers have brought lawsuits challenging the EEOC’s regulations and specifically targeting the inclusion of abortion-related accommodations in the Final Rule. These lawsuits remain pending as of April 18, 2025. In addition, the State of Texas has challenged the constitutionality of the PWFA statute, and in February 2024, a district court judge held that the statute cannot be enforced against the State of Texas, leaving workers employed by the state without a clear path to enforcing their rights under PWFA. As of April 18, 2025, that decision is pending appeal in the Fifth Circuit.  

The Pregnant Workers Fairness Act remains the law and continues to protect workers’ right to pregnancy-related accommodations.  

This webinar and webpage provide general information about the Pregnant Workers Fairness Act and other legal protections. It is not intended as legal advice.