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Pregnant Workers Fairness Act Partially Enjoined in Louisiana and Mississippi

As you know, the Pregnant Workers Fairness Act requires employers to make reasonable accommodation to the known limitations of a qualified employee related to pregnancy, childbirth, or related medical conditions, absent undue hardship. According to the recent final regulations implementing the Act, “related medical conditions” include, among other things, termination of pregnancy, including via miscarriage, stillbirth, or abortion.

The Western District of Louisiana recently postponed the effective date of part of the Act as it applies to employers in Louisiana and Mississippi — specifically, the Act’s requirement that employers provide accommodation for the elective abortions of employees that are not necessary to treat a medical condition related to pregnancy. This injunction is in effect until final judgment of the underlying case is reached.