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ARTICLE · 27 MAY 2025

EEOC's Abortion Accommodation Provision In PWFA Rule Vacated

Ogletree, Deakins, Nash, Smoak & Stewart
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On May 21, 2025, a federal judge for the U.S. District Court for the Western District of Louisiana vacated a portion of the Biden-era U.S. Equal Employment Opportunity Commission (EEOC)...

United StatesEmployment and HR
Christine Bestor Townsend
Christine Bestor Townsend
Zachary V. Zagger
Zachary V. Zagger
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On May 21, 2025, a federal judge for the U.S. District Court for the Western District of Louisiana vacated a portion of the Biden-era U.S. Equal Employment Opportunity Commission (EEOC) final rule implementing the Pregnant Workers Fairness Act (PWFA) to require employers to reasonably accommodate employees who choose to have an abortion.

Quick Hits

  • The U.S. District Court for the Western District of Louisiana vacated the EEOC's final rule interpreting the PWFA to require elective abortion-related accommodations and removing abortion from the definition of a pregnancy-related medical condition.
  • The ruling tracks a prior preliminary injunction ruling that found the EEOC exceeded its authority and evidence of congressional intent for the PWFA to apply to elective abortion lacking.

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