The Trump administration is preparing to narrow federal rules requiring employers to accommodate workers’ pregnancy-related conditions, The New York Times reported Nov. 2, citing seven people familiar with the plans.
The Pregnant Workers Fairness Act passed with bipartisan support in December 2022 and took effect in June 2023. Under the law, employers must provide reasonable accommodations, such as breaks, lifting restrictions and time off for prenatal appointments, for workers limited by “pregnancy, childbirth or related medical conditions,” unless doing so would cause undue hardship.
The Equal Employment Opportunity Commission’s Pregnant Workers Fairness Act regulations, which the agency finalized in April 2024 to define which conditions qualify, could be revised as soon as this month.
The current regulations interpret the law’s coverage of “related medical conditions” broadly, listing dozens of conditions and procedures, including abortion, fertility treatment, endometriosis, menstruation, plugged milk ducts and contraception use, along with past and intended pregnancy.
EEOC Chair Andrea Lucas has argued the current rule goes beyond pregnancy by covering reproductive health conditions in women who aren’t pregnant.
The EEOC is not expected to remove core protections for pregnant workers, but could drop explicit coverage for conditions affecting women who are not pregnant, leaving employers and courts to decide which conditions qualify, sources told the Times.
Wider religious exemptions are also under consideration. These would let employers refuse accommodations for conditions they deem incompatible with their beliefs.
Jocelyn Samuels, a former EEOC vice chair who helped write the rule, said narrowing it could put workers at risk of losing their jobs or facing health crises, particularly those in low-wage hourly roles.
The EEOC declined the Times‘ request for comment on the pending changes, though a spokesperson underscored Ms. Lucas’ opposition to pregnancy discrimination.
“As a working mother of two daughters, one of whom was born during her tenure at the E.E.O.C. following a high-risk pregnancy, Chair Lucas understands firsthand the importance of protecting pregnant women in the workplace,” the spokesperson told the Times. “She is proud to serve in the most pro-family administration and remains deeply committed to enforcing the laws that protect pregnant workers.”
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