The U.S. Equal Employment Opportunity Commission plans to propose changes to its Pregnant Workers Fairness Act regulations this month, according to its latest regulatory agenda. The draft has not yet been published, so workers and employers do not know what language the agency will change or how far it may go.
- Agency
- U.S. Equal Employment Opportunity Commission
- Rule
- Pregnant Workers Fairness Act regulations
- Proposed rule timetable
- November 2026, according to the Unified Agenda
- Expected comment period end
- January 2027, according to the Unified Agenda
The proposal is scheduled, but the text is not public
The agenda entry says the EEOC intends to revise its regulations implementing the Pregnant Workers Fairness Act, including the language covering known limitations related to pregnancy, childbirth and related medical conditions. It lists a proposed rule for November 2026 and a comment period expected to close in January 2027. Those entries are planning dates, not a final rule or a guarantee that the agency will meet them, as the Office of Management and Budget agenda makes clear.
The agency has described the planned change narrowly so far: it intends to revisit how the regulations interpret “pregnancy, childbirth, or related medical conditions.” The agenda does not spell out which accommodations could be affected. Until a proposed rule appears in the Federal Register, there is no new draft for workers, employers or advocates to assess.
A broad accommodation rule is at the center of the dispute
The 2024 regulations require covered employers to provide reasonable accommodations for a qualified worker’s known limitations related to pregnancy, childbirth or related medical conditions, unless doing so would cause undue hardship. EEOC Chair Andrea Lucas criticized that rule before taking the permanent chair role, arguing that its interpretation extended too far into conditions associated with female biology and reproduction. Her earlier position offers a clue to the agency’s thinking, but it does not establish what the forthcoming proposal will say.
That distinction matters because the law and the regulation are not the same thing. Congress enacted the PWFA in 2022. A proposed agency rule can change how the EEOC interprets and enforces the statute, but the legal text still has to go through notice and public comment before a final regulation takes effect.
Workers will get a chance to weigh in after publication
The timing is especially important for workers who need adjustments to keep working during pregnancy or after childbirth. The current rule remains the published standard while the EEOC prepares its proposal. The agency told HR Dive it would not speculate about rulemaking, while emphasizing its pregnancy discrimination enforcement. HR Dive reported that the agenda anticipates the public comment period ending in January.
The next concrete test is the proposed text itself. Once it is published, workers, employers and advocacy groups can see whether the commission is narrowing specific examples, changing its general interpretation, or taking another approach. Until then, the scope and effect of any change remain uncertain, and the agenda signals a proposal rather than a completed rollback.
Primary source
Check the original source
Office of Management and Budget, Unified Agenda is the source to consult for the underlying data, statement, ruling or live context.