What happened?

On May 21, 2025, a federal judge in Louisiana vacated the Equal Employment Opportunity Commission’s (EEOC) rule requiring employers to accommodate elective abortions under the 2022 Pregnant Workers Fairness Act (PWFA), ruling that the agency exceeded its authority.

Overview:

• Elective abortions are no longer a condition employers must accommodate under the PWFA.

• Medically necessary abortions related to pregnancy complications may still qualify for accommodation.

• Employers may voluntarily accommodate elective abortions if they choose.

Additional Details:

• The decision to have or not have an abortion remains protected under Title VII—employers cannot retaliate or discriminate based on that choice.

• State and local laws may still require abortion-related accommodation; employers must comply with those where applicable.

• The ruling applies nationwide and stems from concerns that the EEOC lacked clear congressional authority to mandate abortion accommodations.

• The EEOC is expected to revise its rule but is currently limited in action due to a lack of quorum.

Source References

• The State of Louisiana Vs. Equal Employment Opportunity Commission (Docket No. 2:24-cv-00629)

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