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On May 21st, 2025, a Louisiana federal judge issued a judgment regarding the Pregnant Workers Fairness Act (PWFA). Specifically, Judge David Joseph of the U.S. District Court for the Western District of Louisiana vacated portions of the law. Basically, he found that the Equal Employment Opportunity Commission (EEOC) overstepped its authority by requiring employers to accommodate elective abortions that are not medically necessary. Earlier, in March, the EEOC and the U.S. Department of Justice issued guidance warning against unlawful DEI discrimination.
Overview of the Pregnant Workers Fairness Act
Effective June 27th, 2023, the PWFA extended the same protections under the Americans with Disabilities Act (ADA) to pregnant workers. These include the requirement of covered employers to provide reasonable accommodations to qualifying pregnant individuals or those with pregnancy-related conditions upon request. Like the ADA, the PWFA applies to employers with 15 or more employees on payroll. Under the PWFA, covered employers may not:
- require pregnant workers to identify similar accommodations granted to similarly situated employees as a part of their request;
- force an eligible employee to take paid or unpaid leave in place of an accommodation;
- take any adverse action against an employee who exercises the law; or
- deny employees employment opportunities, promotions, or other benefits based on their need for pregnancy accommodations.
Explanation of the Lawsuit
According to Fisher Phillips, in Louisiana v. EEOC, Louisiana and Mississippi sued the EEOC over the abortion accommodation mandate. Additionally, several organizations associated with the Roman Catholic Church joined the two states in the lawsuit. Overall, the plaintiffs contended that the agency exceeded its authority.
As shown above, Judge Joseph sided with the plaintiffs. Chiefly, the ruling vacated parts of the PWFA that included “abortion” as a “related medical condition” of pregnancy and childbirth. He also removed parts of the rule that required or suggested that employers provide accommodations for purely elective abortions. Specifically, “elective abortions” are defined as those that are not necessary to treat a medical condition related to pregnancy.
Correspondingly, it is important to note that other lawsuits are still pending that raise the same challenges. In the meantime, the Louisiana District Court’s ruling is in effect nationwide until a higher court overturns it.
Employer Takeaways
In conclusion, employers need to realize that even though the elective abortion accommodations were rescinded, the remainder of the PWFA remains in effect. Employers may want to review and update their pregnancy accommodation policies to ensure compliance. To ensure compliance with the PWFA and other EEO-related laws, businesses should consult with legal counsel and make any necessary adjustments to their company policies and procedures.
A Louisiana federal court has vacated parts of the Pregnant Workers Fairness Act (PWFA), specifically striking down the mandate for employers to accommodate elective abortions. The ruling, which is nationwide until appealed, highlights the need for employers to review pregnancy accommodation laws by state to ensure compliance with evolving legal interpretations.
