The Equal Employment Opportunity Commission (EEOC) is preparing to narrow federal workplace protections for conditions linked to pregnancy, according to reports citing discussions among agency officials and people familiar with the plans. The proposed changes, expected to be published as soon as November, could scale back accommodations beyond what the current rule requires for active pregnancy, childbirth, or closely related medical issues. According to a November 2, 2026 The New York Times report, the administration’s plans are based on discussions involving seven individuals with direct knowledge of the agency’s deliberations, though the EEOC has declined to comment on potential regulatory changes.
What the EEOC Proposes to Change
The 2024 rule, which remains in effect pending revisions, lists dozens of conditions-including fertility treatments, endometriosis, menstruation, and contraception use-as qualifying for workplace accommodations. The proposed changes could cut the list of related medical conditions, leaving employers and courts to decide which qualify. Religious exemptions could also expand, allowing employers to deny accommodations if they conflict with sincerely held beliefs. The EEOC’s regulatory agenda confirms a notice of proposed rulemaking in November 2026, with a comment period ending in January 2027, and the agency’s interpretation of “pregnancy, childbirth, or related medical conditions” will be central to the revisions.
EEOC Chair Andrea Lucas, who opposed the 2024 rule, has signaled support for a stricter interpretation. The current rule’s elective abortion provisions were already vacated by a federal judge in the Western District of Louisiana in May 2025, but protections for abortion-related medical treatments remain intact. The EEOC’s regulatory agenda lists a proposed rule revising how the agency interprets the phrase “pregnancy, childbirth, or related medical conditions.”
Why the Rule Is Being Revisited
The Pregnant Workers Fairness Act (PWFA), enacted in 2022 with bipartisan support, took effect in June 2023. Senator Bill Cassidy (R-La.), a key Republican sponsor, has called the rule’s expansion of coverage “unlawful,” while Representative Jerry Nadler (D-N.Y.), a Democratic author, insists the law was designed to provide broad protections. A May 2026 letter from 15 Democratic senators urged the EEOC to preserve protections for fertility treatments, warning that removing them could mislead employers about their legal obligations and lead to unlawful denials of accommodation requests.
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The Times also cited a University of Wisconsin study finding the law contributed to a nearly 10% decline in miscarriages. However, Jocelyn Samuels, a former EEOC vice chair who helped draft the 2024 rule, warns that narrowing protections could leave vulnerable workers-particularly those in low-wage hourly roles-at higher risk of job loss or health complications. The EEOC has cited 40 public enforcement actions related to pregnancy discrimination since the start of the Trump administration, including 24 lawsuits, demonstrating ongoing enforcement even as regulatory revisions proceed.
How Employers Should Prepare
Attorneys advising businesses expect the new rule to tighten the definition of what qualifies under the PWFA, likely focusing accommodations on current pregnancy or childbirth rather than broader conditions. Christine Bestor Townsend, a labor and employment lawyer, predicts infertility, menstruation, and contraception use will be excluded, though core pregnancy-related protections will likely remain enforceable. In a November 4, 2026 National Law Review article, Townsend noted that while the definition may narrow, enforcement of existing protections for active pregnancy and childbirth will continue, and employers should not assume reduced liability for those core obligations.
Separately, a May 2026 proposal from the Departments of Labor, Health and Human Services, and Treasury would allow employers to offer fertility benefits as an excepted benefit, similar to dental or vision plans, with a $120,000 lifetime cap per participant. The proposal, which closed for comments on July 13, 2026, would categorize fertility treatments alongside other voluntary benefits, potentially creating a parallel but distinct pathway for employers to address fertility-related needs without triggering PWFA accommodation requirements.
