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"Major Questions" Around Reproductive Rights at Work: Analyzing the Pregnant Workers Fairness Act Under the Major Questions Doctrine.

  • Published In: Tulane Law Review, 2025, v. 100, n. 2. P. 417 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Zeng, Michelle 3 of 3

Abstract

The article focuses on the implications of the Pregnant Workers Fairness Act (PWFA) and the application of the major questions doctrine in recent court cases regarding reproductive rights in the workplace. It discusses how lower courts have interpreted the major questions doctrine differently, particularly in the cases of *Louisiana v. EEOC* and *Tennessee v. EEOC*, leading to inconsistent outcomes regarding the inclusion of abortion as a "related medical condition" under the PWFA. The article highlights the legislative history of employment protections for pregnant workers, noting that prior laws like the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA) did not adequately protect pregnant workers, prompting the need for the PWFA. The ongoing litigation and political developments surrounding the EEOC's implementation of the PWFA raise concerns about the future of reproductive rights and workplace protections for pregnant workers. [Extracted from the article]

Additional Information

  • Source:Tulane Law Review. 2025/12, Vol. 100, Issue 2, p417
  • Document Type:Article
  • Subject Area:Women's Studies and Feminism
  • Publication Date:2025
  • ISSN:0041-3992
  • Accession Number:191467604
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