How Federal Pregnant Worker Changes Impact Connecticut

You may have seen the headlines that the Trump administration is rolling back pregnancy protections. In Connecticut, however, that may not be the case.

The administration is preparing to narrow the Equal Employment Opportunity Commission’s interpretation of the Pregnant Workers Fairness Act, particularly concerning abortion and other reproductive health conditions.  

However, Connecticut employers remain subject to the state’s Fair Employment Practices Act, which requires reasonable accommodations for pregnancy-related conditions.  

The Commission on Human Rights and Opportunity’s 2019 guidance expressly includes “loss or termination of pregnancy” among conditions that may require accommodations.

This is particularly of interest as we digest what would be considered a condition eligible for protection under CFEPA. Given CHRO guidance, abortion remains covered.  

Even if federal regulations are narrowed, Connecticut employers should continue to consider abortion-related accommodations requests under CFEPA.  

What Does the PWFA say? 

The PWFA went into effect on June 27, 2023. It generally applies to employers with 15 or more employees and requires such employers to provide reasonable accommodations for an employee’s known limitations related to pregnancy, childbirth, or related medical conditions—unless the accommodation causes undue hardship for the employer.  

The PWFA does not expressly reference abortion. However, when the EEOC issued implementing regulations in April 2024, it interpreted the PWFA’s mention of “pregnancy, childbirth, or related medical conditions” to be all encompassing of several reproductive health conditions including abortion, miscarriage, infertility, and fertility treatments.   

According to the federal regulatory agenda, the EEOC is reconsidering how regulations interpret “pregnancy, childbirth, or related medical conditions” with a potential November 2026 publication of a proposed rule with a public comment period expected to conclude in January 2027.

The administration is considering narrowing protections involving abortion, fertility treatment, and other reproductive health conditions.

The regulatory agenda, however, does not expressly identify every condition that would be excluded.

However, White House officials indicated that the administration is considering narrowing protections involving abortion, fertility treatment, and other reproductive health conditions.

The precise changes cannot be determined until the EEOC publishes its proposed regulatory language.

Although abortion seems to be a central issue in the anticipated changes, the administration’s announced regulatory review is broader than abortion alone.  

What Does This Mean for Connecticut Employers?  

While Connecticut employers are subject to the PWFA, they are also subject to CFEPA, which provides pregnancy discrimination and accommodation protections.

This coverage applies to employers with one or more employees.  

The protections provided to Connecticut employers under CFEPA are particularly significant because CHRO has issued guidance that interprets pregnancy related conditions to include loss or termination of pregnancy.

This guidance matters because Connecticut’s accommodation requirements arise from state law, not from the EEOC’s interpretation of federal law. 

This guidance matters because Connecticut’s accommodation requirements arise from state law.

CHRO’s 2019 Legal Enforcement Guidance: Pregnancy, Childbirth, or Related Conditions at Work explicitly identifies conditions that may give rise to reasonable accommodations or leave obligations and expressly includes loss or termination of pregnancy along with infertility, and fertility treatments that may require accommodation including unpaid leave for appointments and/or modified schedules.  

In practice, this means that Connecticut employers must consider reasonable accommodations for abortion-related medical treatment, regardless of whether the EEOC ultimately removes abortion from its federal regulations.   

While CHRO is the agency responsible for investigating and enforcing complaints under CFEPA, its guidance is interpretive in nature and does not carry the force of law or regulation.

Although not binding on the courts, it is influential and guidance that employers should follow to remain compliant.  

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For more information, contact CBIA’s Delmarina López.