The Trump administration is considering changes that could narrow workplace accommodations for women seeking abortion care, undergoing fertility treatments and managing other reproductive health conditions, according to a report by The New York Times.
The proposed revisions would affect regulations implementing the Pregnant Workers Fairness Act (PWFA), a federal law requiring covered employers to provide reasonable workplace accommodations to employees experiencing limitations related to pregnancy, childbirth or associated medical conditions.
The Equal Employment Opportunity Commission (EEOC), which oversees the law’s regulations, is considering changing how it interprets the phrase “pregnancy, childbirth, or related medical conditions.”
Proposed Changes Could Affect Abortion and Fertility Treatments
Under the existing regulations, workplace protections extend beyond pregnancy itself to include several reproductive health conditions, such as miscarriage, postpartum depression, lactation, abortion, fertility treatments, endometriosis and menstruation.
The rules allow eligible employees to request reasonable adjustments, including schedule changes, time off for medical appointments, temporary changes to job duties and other workplace arrangements.
However, the proposed revisions could remove explicit coverage for some conditions affecting women who are not currently pregnant. This could make it more difficult for employees seeking fertility treatment or abortion-related care to obtain workplace accommodations under the law.
The administration is also reportedly considering broader religious exemptions that could allow certain employers to refuse accommodations they believe conflict with their religious convictions.
What the Pregnant Workers Fairness Act Provides
Congress passed the Pregnant Workers Fairness Act in December 2022, and it took effect on June 27, 2023. The law requires covered employers to provide reasonable accommodations for qualified employees experiencing pregnancy-related limitations, unless doing so would create an undue hardship for the employer.
The law also protects employees from being forced to take leave when another reasonable accommodation would allow them to continue working. Employers are prohibited from denying job opportunities or retaliating against workers because they request or use an accommodation.
The EEOC issued regulations implementing the law in April 2024, with the rules taking effect in June of that year.
EEOC Plans Further Regulatory Review
The federal government’s regulatory agenda lists November 2026 as the anticipated period for publishing a proposed rule to revise the existing regulations. The public comment period is expected to run until January 2027.
The changes have not been finalised, and the proposed rule has not yet been published. The EEOC declined to comment on the reported plans, although a spokesperson said the agency’s chair, Andrea Lucas, remained committed to enforcing laws protecting pregnant workers.
If adopted, the revisions could change how employers respond to requests for time off, schedule adjustments and other workplace accommodations connected to reproductive health.
For now, existing protections remain in place while the administration considers the proposed regulatory changes.
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