Federal court vacates EEOC’s PWFA abortion accommodation requirement

On May 21, 2025, the U.S. District Court for the Western District of Louisiana issued a sweeping decision vacating the Equal Employment Opportunity Commission’s (EEOC) final rulemaking to the extent it requires employers to accommodate elective abortions under the Pregnant Workers Fairness Act (PWFA). The ruling carries immediate and nationwide implications, marking a significant development in the evolving intersection of federal accommodation law and state abortion regulations.

Background: Legislative and legal landscape

Following the U.S. Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Org., which overturned Roe v. Wade and returned abortion regulation to individual states, a wave of restrictive abortion laws emerged across the country. Against this backdrop, Congress enacted the PWFA in December 2022, effective June 27, 2023. The PWFA requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or “related medical conditions” unless doing so would impose an undue hardship on the employer.