As the Trump administration continues to swiftly issue executive orders and take other actions to implement President Trump’s agenda, employers should stay tuned as the administration’s actions may soon implicate the federal Pregnant Workers Fairness Act (PWFA).

By way of background, the PWFA requires employers to provide reasonable accommodations for employee limitations relating to pregnancy, childbirth, or related medical protections. Last year, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule implementing the PWFA, which went into effect on June 18, 2024. The final rule has been the subject of several legal challenges with respect to requiring workplace accommodations for “purely elective abortions.” The cases challenging the final rule currently remain pending.

To date, President Trump has not commented on the PWFA. However, the Trump administration has taken other actions which reaffirm its pro-life stance – e.g., enforcing the Hyde Amendment, requiring foreign nongovernmental agencies to certify that they will not support abortions if they receive federal funds for family planning assistance, and pardoning anti-abortion activists. Given the foregoing, it is anticipated that it will take aim at the PWFA, either directly or indirectly, and potentially limit its applicability to abortion-related care. 

On January 21, 2025, President Trump fired two democrat members of the EEOC and appointed Andrea Lucas as Acting Chair, who was appointed during his first term. It is expected that President Trump will replace these two members with commissioners who are aligned with his agenda. As it pertains to the PWFA, Ms. Lucas voted against the final rule, which signals that a Trump EEOC may drastically modify or rescind the final rule altogether.

We will continue to monitor the Trump administration’s actions for any further updates on the PWFA and its final rule.