Description:
The Pregnant Workers Fairness Act (“PWFA”), a statute whose passage is long overdue, went into effect on June 27, 2023. The Act covers private and public sector employers with 15 or more employees and applies to requests for reasonable accommodations by a qualified employee or applicant with known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.

However, as welcome as the new law is by pregnant workers, certain forces are already at work trying to undermine the Act. The final regulations that were issued by the EEOC on April 18, 2024, interpreted abortion as a “related medical condition.” Consequently, Republican Attorneys General from 17 plus states filed a lawsuit claiming that the EEOC created an “abortion mandate.” Texas State employees have been barred from relief under the PWFA due to a lawsuit claiming that the PWFA was passed in violation of the Quorum Clause. There are concerns that additional states might bring similar actions.

What initially appeared to be a bipartisan victory for pregnant women is now being threatened. Join our panel as they discuss the origin, enforcement, and future of this landmark legislation.

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