PWFA Final Rule Updates
On May 21, 2025, a federal court vacated portions of the U.S. Equal Employment Opportunity Commission’s (EEOC) final rules (published in April 2024) relating to the Pregnant Workers Fairness Act (PWFA) and accommodations related to abortions.
Under the PWFA, employers are required to provide reasonable accommodations for qualified individuals with known limitations relating to pregnancy, childbirth, and related medical conditions unless it imposed an undue hardship on the employer. The final rules included guidance mandating that employers provide reasonable accommodations to employees for elective abortion procedures. A federal judge in Louisiana recently vacated parts of the rule that mandated or suggested accommodations to individuals undergoing purely elective abortions.
Although elective abortion related accommodations are now not currently required due to the partial revocation of the EEOC’s final rules under the PWFA, remember that Hawaii has its own pregnancy related laws and regulations, which apply to all employers in the state of Hawaii. Under Hawaii regulations, all employers must “make every reasonable accommodation to the needs of the female affected by disability due to and resulting from pregnancy, childbirth, or related medical conditions.” Hawaii Administrative Rule § 12-46-107(c). In May 2024, Hawaii participated in a joint effort to defend the EEOC’s final rules arguing that terminations of pregnancy should be protected under the PWFA. Because of this, employers in Hawaii should consider providing reasonable accommodations, including unpaid leave to employees undergoing elective abortion procedures, to mitigate risk of complaints despite the federal court’s partial revocation of the EEOC’s final rules.
EEOC Harassment Guidance Updates
On May 15, 2025, a federal court vacated portions of the EEOC’s guidance regarding Harassment in the Workplace and LGBTQ employees. The original guidance prohibited discrimination and harassment based on sexual orientation and gender identity, which the court found was unlawful guidance issued by the EEOC. Despite this ruling, there are still protections under Title VII and a Supreme Court decision that protects against discrimination relating to sexual orientation and gender identity. In addition, in Hawaii, both gender identity or expression and sexual orientation are protected under Hawaii Revised Statute section 378-1. As a result, employers in Hawaii are still prohibited from discrimination against or harassing individuals based on their gender identity and expression.
HEC members may contact their HR Consultant with any questions regarding workplace accommodations related to an employee’s pregnancy, childbirth, or related medical conditions, or discrimination in the workplace.
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