Judge Vacates Abortion Accommodation Provisions in EEOC Rule

A federal judge in Louisiana ordered the EEOC to remove requirements in its Pregnant Workers Fairness Act rules that require companies to reasonably accommodate employees who choose to have an abortion.

The Equal Employment Opportunity Commission overstepped its statutory authority in issuing those mandates, Judge David C. Joseph of the US District Court for the Western District of Louisiana ruled Wednesday in consolidated cases. Joseph, a Trump appointee, ruled in favor of GOP-led states and religious groups including the US Conference of Catholic Bishops.

The decision is yet another legal blow to Biden-era EEOC policies. Last week, a federal judge in Texas toppled portions of the agency’s anti-harassment guidance that focused on LGBTQ+ protections.

The plaintiffs in the PWFA challenge argued the EEOC exceeded its authority in violation of the Administrative Procedure Act. The religious groups also said the rule violated their rights under the First Amendment and the Religious Freedom Restoration Act.

It is one of several cases filed seeking to block enforcement of the EEOC’s PWFA rules, which have led to conflicting decisions in district courts.

Another challenge against the PWFA—filed by the state of Texas and based on congressional quorum requirements—is pending at the Fifth Circuit.

The cases are Louisiana v. EEOC, W.D. La., No. 2:24-cv-00629, 5/21/25 and US Conference of Catholic Bishops v. EEOC, W.D. La., No. 2:24-cv-00691, 5/21/25.