PWFA Update

Last month, we reported that EEOC published its final rule and guidance on the “Pregnant Workers Fairness Act” (PWFA). A week after that was issued, seventeen states filed suit to stop enforcement of the abortion-related portions of the rule – presumably included under the “related medical conditions” heading; two more states have since filed a similar suit in a separate court jurisdiction. Their contention is that EEOC in their rule has overreached the law because abortion is not in the text of the law itself, and a number of lawmakers involved in formulating the bill specifically denied the inclusion of abortion and state that the rule reverses the intent of the bill. The final rule is supposed to take effect on June 18, so the respective courts are under pressure to reach decisions. In the meantime, employers are advised to comply with the bill and rule as written pending further developments.