{"id":6109,"date":"2024-06-17T22:44:00","date_gmt":"2024-06-17T22:44:00","guid":{"rendered":"https:\/\/www.brightmine.com\/us\/?post_type=resources&p=6109"},"modified":"2026-02-05T05:07:06","modified_gmt":"2026-02-05T10:07:06","slug":"pfwa-regulations-to-commence","status":"publish","type":"resources","link":"https:\/\/www.brightmine.com\/us\/resources\/hr-compliance\/discrimination\/pfwa-regulations-to-commence\/","title":{"rendered":"PWFA regulations to commence amidst conflicting court rulings"},"content":{"rendered":"\n
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by Robert S. Teachout<\/strong>, Legal Editor at Brightmine<\/p>\n<\/div>\n\n\n\n

Regulations implementing the requirements of the Pregnant Workers Fairness Act (PWFA) to provide reasonable accommodations to employees’ known pregnancy, childbirth and related medical conditions unless it would create an undue hardship for the business will take effect on June 18<\/a>, as scheduled, now that a federal court has dismissed a challenge by 17 GOP state attorneys general. However, another court has exempted two states from parts of the regulations related to abortions.<\/p>\n\n\n\n

Arkansas court denies injunction<\/h2>\n\n\n\n

On Friday, June 14, the United States District Court for the Eastern District of Arkansas declined<\/a> the attorney generals’ petition to issue an injunction halting the final rule issued by the Equal Employment Opportunity Commission (EEOC) and held that the states lacked standing to challenge it. The EEOC issued the final regulations on April 19, to take effect 60 days later.<\/p>\n\n\n\n

The final rule defines pregnancy, childbirth or related medical condition broadly, encompassing current pregnancy, past pregnancy, potential or intended pregnancy (including infertility, fertility treatment and contraception), labor, childbirth, lactation and many associated health conditions. It also includes termination of pregnancy, including miscarriage, stillbirth and abortion.<\/p>\n\n\n\n

It was the inclusion of abortion that triggered the legal challenge by a coalition of Republican state attorneys general, led by Arkansas and Tennessee. The states are primarily those which have restricted or banned abortions following the Supreme Court’s Dobbs<\/em> ruling allowing states to determine the legal status of abortions. They argued that:<\/p>\n\n\n\n