The Trump administration is exploring changes to federal regulations concerning workplace pregnancy, which may impact how miscarriage-related accommodations are handled by the government. Existing Equal Employment Opportunity Commission (EEOC) rules include provisions for employees needing time off or adjustments due to miscarriage. Research suggests that accommodating pregnant workers could reduce miscarriage rates.
It is still unclear whether these miscarriage protections will persist when the administration redefines medical conditions under the Pregnant Workers Fairness Act (PWFA). The EEOC aims to propose changes in November to clarify “pregnancy, childbirth, or related medical conditions,” a phrase that influences the law’s reach. Currently, this includes pregnancy termination through miscarriage, stillbirth, or abortion.
As of now, the EEOC’s proposal isn’t featured in the Federal Register, leaving the status of miscarriage protections uncertain. Newsweek has requested comments from the EEOC and the White House.
How the Pregnant Workers Fairness Act Protects Miscarriage
The Pregnant Workers Fairness Act, active since June 2023, mandates reasonable accommodations for employees facing limitations due to pregnancy, childbirth, or related medical conditions unless it imposes undue hardship. Existing EEOC guidance clarifies that these protections can extend to employees needing time off due to miscarriage, treating miscarriage and stillbirth as pregnancy-related medical conditions.
Megan Thomas, a law expert, indicates that those recovering from miscarriage might require workplace flexibility and temporary job adjustments. This could involve working from home, additional breaks, or light duties for physically demanding roles. Miscarriages are viewed as pregnancy-related conditions under current federal rules, providing explicit protection in EEOC language.
Potential Impact of Pregnancy Rule Changes on Miscarriage Protections
The administration has not explicitly stated plans to exclude miscarriage. The regulatory listing mentions a revision of “pregnancy, childbirth, or related medical conditions,” without specifying new language.
While planned revisions do not immediately alter workers’ rights, the current regulation defines protected conditions to include “termination of pregnancy, including via miscarriage, stillbirth, or abortion.”
Brianna Williams, an attorney, notes that any change affecting miscarriages would impact workers at the edge of the regulation’s protection. A narrower rule might influence accommodation requests, as many decisions occur at the workplace level.
Other federal laws, like the Americans with Disabilities Act (ADA), might offer some protection if the PWFA is narrowed. ADA can cover certain physical or mental impairments linked to miscarriage. The Family and Medical Leave Act (FMLA) might provide unpaid leave. However, these laws offer different rights. Alison Breiter from Farah & Farah highlights that the PWFA’s specific accommodation rights might not be matched by ADA, Title VII, or FMLA, potentially reducing options for those not meeting other laws’ criteria.
Workplace Accommodations and Miscarriage Risk
Research explores whether workplace accommodations during pregnancy influence outcomes. University of Wisconsin-Madison findings suggest a 9.6% reduction in miscarriages linked to pregnancy-accommodation protections, with a 3.2% increase in live births in newly covered states. While this research doesn’t prove an accommodation denial causes miscarriage, it highlights a possible association.
Williams suggests accommodations allow workers to reduce physical strain during pregnancy without risking employment. However, she cautions using population-level research to draw conclusions about individual cases. The proposed rule will clarify whether workers who have experienced pregnancy loss can claim recovery time.
Impact on Workers in Physically Demanding Jobs
Accommodations may become more challenging for workers in physically demanding, lower-wage jobs, as they typically can’t work remotely or take unpaid leave. Workers doing physically demanding jobs often require accommodations during pregnancy, needing legal support to request them. If not, they might refrain from asking, according to Thomas.
Breiter highlights that jobs in warehouses, restaurants, and hospitals may offer fewer alternatives for workers needing adjustments due to standing, lifting, or physical tasks. Meanwhile, individuals in office roles might have remote work or adjustable schedules, offering more flexibility. Williams points to attendance policies as another challenge for employees undergoing treatment or recovering from pregnancy loss.
Routine termination notices can conceal the reality of accrued attendance points during medical recovery. The PWFA was enacted to safeguard such workers.
Future Developments of Trump’s Pregnancy Rule
The EEOC’s proposed regulation will be the next step. Scheduled for this month, it allows for public comments until January, though dates are approximate. When published, a key test will be whether “miscarriage” explicitly features in the regulation’s definition of covered medical conditions.
Thomas advises examining whether protection covers not only during pregnancy but also post-pregnancy conditions. Breiter emphasizes the importance of reviewing the proposal’s practical impact on leave, medical recovery accommodations, or workplace adjustments post-miscarriage.
Williams reiterates scrutiny of abortion-related provisions due to potential overlap with miscarriage care. The regulatory text and examples will prove more informative than public announcements.
The outcome will impact more than the political abortion debate. The regulation will shape when workers can request job modifications due to pregnancy affecting their work capability. The administration’s regulation will determine if miscarriage is included in these workplace guarantees.
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