The Trump administration is preparing to narrow workplace protections for pregnant workers, according to reporting that has put the Pregnant Workers Fairness Act back at the centre of national debate. The planned revision would reinterpret how far the law reaches, and could remove explicit coverage for conditions that are not pregnancy itself, including fertility treatment.

The Pregnant Workers Fairness Act, or PWFA, requires employers with 15 or more workers to provide reasonable accommodations for limitations linked to pregnancy, childbirth or related medical conditions, unless doing so would cause undue hardship. The law took effect in 2023,

The New York Times reported the plans on Monday, November 2, 2026, citing seven people familiar with the matter. The Equal Employment Opportunity Commission has listed "Revisions to the Pregnant Workers Fairness Act Regulations" on its regulatory agenda, with November 2026 as the target for a proposed rule and comments closing in January 2027. The draft has not been released, so its precise scope is unclear, but the reported direction is a narrower reading of "related medical conditions" and wider religious exemptions.

Key Points

• The Trump administration is preparing a proposed rule to narrow Pregnant Workers Fairness Act regulations, targeted for November 2026.
• Current 2024 regulations cover fertility treatment, contraception, lactation, postpartum depression, endometriosis and menstruation.
• The revision could drop explicit coverage for conditions affecting workers who are not pregnant, leaving employers and courts to decide case by case.
• Wider religious exemptions are also under consideration, allowing employers to refuse accommodations conflicting with their beliefs.
• The draft has not been released, and comments are expected to close in January 2027, so the final rule could still change.

What Happened

The report landed on November 2, 2026, as Americans voted in midterm elections.

Under the process, a proposed rule would be published for public comment before any final version takes effect. Until then, the 2024 regulations remain in force and the statute still requires reasonable accommodation. Fertility treatment is a key example: it involves appointments, procedures and recovery time, and is currently covered explicitly. Without that listing, a worker would have to argue from first principles that her limitation qualifies, making outcomes less predictable.

Background and Context

The PWFA was passed with broad bipartisan support, signed in late 2022 and effective from June 2023. Its idea was simple: a worker should not risk her health, or her pregnancy, to keep her job. Before it, many pregnant workers relied on a patchwork of laws that did not always guarantee accommodations such as extra breaks, a stool, reassignment from heavy lifting, or a modified schedule.

The EEOC's 2024 regulations adopted a broad reading of "related medical conditions", covering the full range of conditions connected to pregnancy and childbirth, not pregnancy alone. That reading was contested from the start: EEOC Chair Andrea Lucas voted against the 2024 rule, and in May 2025 a Louisiana federal judge struck its abortion-accommodation provisions and ordered a revision. The new proposal thus arrives via both a court order and a policy decision to reconsider the rule.

Pregnant Workers Protections: What Could Change

The practical question is what happens when a worker asks for help. Under current law, an employer with 15 or more staff must provide a reasonable accommodation for a known limitation related to pregnancy, childbirth or a related condition, unless it shows undue hardship. In practice this has included frequent breaks, permission to sit, limits on lifting, changed duties, a modified schedule, and time off for appointments.

If explicit coverage for non-pregnancy conditions is removed, the statute would still apply, but guidance would be thinner. A worker seeking help for fertility treatment could still argue her limitation qualifies, but could no longer cite a regulation saying so plainly. Wider religious exemptions could further affect requests linked to contraception, fertility treatment or abortion-related care, and how such an exemption interacts with the duty to accommodate is likely to dominate the comment period.

Reactions and What Is Known So Far

Because the draft has not been released, reaction so far has been framed by the reporting, not the rule itself. The administration has not published a detailed explanation, and the EEOC has not stated its rationale beyond the agenda entry. What is on record points to the fault lines: Lucas's vote against the 2024 rule, and the Louisiana ruling showing part of that rule was vulnerable in court. The revision will likely be defended as correcting an overbroad rule, while opponents will say it weakens a law passed to protect workers at a vulnerable time.

Why It Matters

Pregnancy accommodation is not abstract. US job openings rose to 7.52 million in September, and accommodation practice affects retention as well as legal risk. For millions of workers, it decides whether they can stay in work through pregnancy, return after childbirth, or pursue fertility treatment without losing income or seniority. A stool, a break or a schedule change may sound small, but for a worker on her feet all day or lifting heavy loads, it can mean the difference between a healthy pregnancy and a medical crisis. The PWFA was also a rare bipartisan employment law, so a significant narrowing would show that regulation can shift such laws' practical meaning even when the statute is untouched.

What Happens Next

The next step is publication of the proposed rule, targeted for November 2026, followed by comments expected to close in January 2027. Workers, employers, unions, medical groups and legal experts can submit views and evidence, which the EEOC must review before publishing a final rule that could differ from the proposal. Litigation is also likely, whatever the final rule says. For workers needing help now, the law has not changed: current regulations remain in force, requests should be made in writing where possible, and state law should be checked, as it may impose obligations a federal narrowing would not remove.

Frequently Asked Questions

Does this proposal repeal the Pregnant Workers Fairness Act?

No. Only Congress can repeal the statute. It would revise EEOC regulations interpreting the law, narrowing how protections are applied, but the law would remain in force.

What is the Pregnant Workers Fairness Act?

A federal law effective from June 2023, requiring employers with 15 or more workers to provide reasonable accommodations for limitations related to pregnancy, childbirth or related medical conditions, unless undue hardship applies.

Would fertility treatment still be covered?

That is the key uncertainty. Current 2024 regulations cover it explicitly. The revision could remove that listing, leaving the question to be argued case by case until courts rule.

When would any change take effect?

Not immediately. A proposal is targeted for November 2026, comments close in January 2027, and only a final rule after that process would change the regulations. Litigation could affect timing.

What should workers do if they need an accommodation now?

Current regulations remain in force. Request accommodation, keep a written record, and check state law, which may add protections beyond the federal minimum.

Sources: New York Times, November 2, 2026; EEOC regulatory agenda; Becker's Hospital Review; People. Related: Ex-Chicago FBI chief sues Justice Department and 66 lawmakers urge Trump to cancel Afghan deportation flights.