Abortions qualify for “reasonable accommodations” under PWFA

The Pregnant Workers Fairness Act (PWFA) is a law that requires employers to provide their employees with “reasonable accommodations” for limitations or conditions that are related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. The U.S. Equal Employment Opportunity Commission’s (EEOC) final regulations for the PWFA became effective on 18 June 2024. The final regulations explicitly include abortion as a pregnancy-related medical condition which can qualify workers for pregnancy accommodations. June 2024 marks the two-year anniversary of the US Supreme Court’s decision in Dobbs V. Jackson Women’s Health Organization, which overturned Roe V. Wade. In the aftermath of the 2022 ruling, there have been many efforts across the country to limit access to abortions, including attempts to criminalize it. The EEOC’s final regulations for the PWFA are a small win in the face of these attempts.   

According to Guttmatcher, a leading research and policy organization committed to advancing sexual and reproductive health and rights, findings from their Monthly Provision Abortion Study, show that in 2023 an estimated total of 1,027,190 clinician-provided abortions took place in U.S. states that do not have a total abortion ban. They reported this was “the highest number and rate measured in the United States in over a decade”. The reality is that people are still seeking and obtaining abortions even if they live in a state where access is limited. Seeking an abortion may temporarily impact their ability to work as they seek treatment and recover. This is where the PWFA can support access to abortion. 

The EEOC’s final regulations ruled that the PWFA “does not require that pregnancy, childbirth, or related medical condition be the sole, the original, or a substantial reason for the physical or mental condition”. The PWFA is intended to be inclusive of conditions that are affected by pregnancy, childbirth, and related conditions. It also concluded there are certain medical conditions that are “readily apparent” as medical conditions that are related to pregnancy and childbirth. The non-exhaustive list includes “termination of pregnancy, including miscarriage, stillbirth, or abortion”. Essentially, the PWFA does not only cover individuals whose pregnancy ends with childbirth, but is more comprehensive. 

The PWFA final regulations clearly state that having an abortion or recovering from an abortion can qualify individuals to seek accommodations in the workplace. Reasonable accommodations may include things such as longer breaks, being able to sit, changing work schedules, switching to temporary telework or a different work location, lifting limitations, or even taking unpaid, job-protected leave. It is important to also be aware that employers are not required to ask for documentation. When “reasonable documentation” may be requested of an employee, the EEOC has stated this means the minimum that is sufficient to “confirm that the physical or mental condition is related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions”. It can then be understood that an employee is not necessarily required to disclose that they are seeking or recovering from an abortion. 

In May, First Shift Justice Project attended the DC Abortion Fund’s “My Body My Festival” (and held strong even through the rain!). FSJP tabled alongside other community organizations and had the opportunity to speak with community members about our resources – specifically bringing awareness to the intersection of abortion access and pregnancy accommodations in the workplace. It’s important to highlight the EEOC’s final regulations to spread awareness on this key provision, which will help prevent job-loss as a result of seeking or recovering from an abortion.  

Works Cited

Implementation of the Pregnant Workers Fairness Act, 89 FR 29096 (proposed 19 April 2024) (to be codified at 29 CFR 1636). https://www.federalregister.gov/documents/2024/04/19/2024-07527/implementation-of-the-pregnant-workers-fairness-act

Guttmacher Institute. (2024) Monthly Abortion Provision Study: US Abortion Provision Dashboard. Guttmacher.org https://guttmacherinstitute.github.io/provision-dashboard/#the-estimates 
Maddow-Zimet, I., & Gibson, C. (March 2024). Despite Bans, Number of Abortions in the United States Increased in 2023. Guttmacher Institute. https://www.guttmacher.org/2024/03/despite-bans-number-abortions-united-states-increased-2023