A federal district court judge for the Western District of Louisiana has struck down part of a final rule implementing the Pregnant Workers’ Fairness Act (PWFA).
The PWFA requires a covered employer to provide a reasonable accommodation to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. The final rule for the PWFA, issued on April 19, 2024, clarifies that “medical conditions” may include, among other things, having or choosing not to have an abortion.
The judge’s decision means that employers are no longer required to provide an accommodation (e.g., time off to attend a medical appointment or for recovery) for an employee’s elective abortion.
