Since its enactment in 2023, the Pregnant Workers Fairness Act (PWFA) and its 2024 implementing regulations have drawn a firestorm of criticism from religious and faith-based employers over its employment-related protections for employees seeking or obtaining an abortion. If the recent spate of decisions from within the Fifth Circuit is any indication, the legal tempest shows no sign of relenting.
Most of the controversy around the PWFA stems from the law’s imposition of a duty on employers to reasonably accommodate persons “having or choosing not to have an abortion.” Strict construction challengers contend that the U.S. Equal Employment Opportunity Commission (EEOC) exceeded its regulatory authority and the plain text of the statute by interpreting the PWFA’s coverage of “pregnancy, childbirth, or related medical conditions” to include abortion care. Other objectors argue that accommodating any person seeking or recovering from an abortion would impose an undue burden because of their sincerely held religious or moral beliefs.
One such challenge was brought by a confederation of four Roman Catholic Church-affiliated entities, spearheaded by the U.S. Conference of Catholic Bishops. In May 2025, a federal judge in Louisiana granted the Catholic petitioners a limited victory when he vacated the portion of the PWFA regulations requiring reasonable accommodation in the instance of “purely elective abortions.” However, the court opined in a footnote that the order did not...
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