EEOC May Narrow PWFA Scope While Enforcement Climbs
The agency is set to trim the Act’s definition to exclude infertility, menstruation and contraception, but it continues to file and settle pregnancy‑accommodation cases, meaning employers must keep robust policies and training.
The EEOC’s planned November‑2026 proposal will likely narrow the Pregnant Workers Fairness Act’s regulatory scope by excluding conditions such as infertility, contraception, menstruation, and past pregnancy, focusing coverage on current pregnancies and childbirth‑related restrictions. Despite the tightening, the agency is intensifying enforcement, bringing new lawsuits and settlements against employers who fail to provide simple accommodations—like light duty, leave, or modified duties—directly related to a present pregnancy or its complications. Employers currently face significant legal risk for not maintaining clear accommodation processes, training managers, and documenting requests. The regulatory tweak will not change the core requirement for reasonable accommodations, and the demanding enforcement spiral of the EEOC means firms must act now: update policies, train staff, document the interactive process, and monitor the NPRM’s comments window.