New 'Love Them Both Act' Blocks Federal Agencies from Creating Workplace Rules on Abortion Accommodations

The “Love Them Both Act of 2025” is short, but its impact is specific and significant, especially for federal employment law. The core of this bill is a direct instruction to the Equal Employment Opportunity Commission (EEOC) and the Board of Directors of the Office of Congressional Workplace Rights. Simply put, Section 2 blocks these agencies from finalizing, implementing, or enforcing any rule related to the existing Pregnant Workers Fairness Act (PWFA) if that rule deals with abortion or coverage for abortion-related services.

The PWFA: A Quick Refresher

The Pregnant Workers Fairness Act, which became law in 2023, requires employers to provide reasonable accommodations for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions—unless doing so would cause an undue hardship. Think of it as the ADA (Americans with Disabilities Act) for pregnancy. The EEOC is the agency responsible for writing the detailed rules and guidance that tell employers and employees exactly what this means in practice, like whether an accommodation includes a different chair, modified schedule, or time off for recovery.

Drawing a Hard Line on Regulatory Power

This new bill essentially tells the EEOC, “You can write rules about everything else under the PWFA—like accommodations for severe morning sickness or recovery from delivery—but you absolutely cannot write rules that touch on abortion.” For a worker who needs time off or a temporary change in duties for recovery following an abortion, the PWFA was intended to cover “related medical conditions.” The EEOC was expected to issue guidance on how employers should handle this, just like any other medical procedure. This bill slams the door on that guidance.

What This Means on the Ground

For the busy person, whether you’re managing a team or working the line, this creates a major gray area. If you’re a pregnant worker, your right to accommodation for a pregnancy-related medical need is clear. However, if you require time off for an abortion or recovery from one, this bill prevents the federal government from establishing clear, consistent rules for your employer to follow. Instead of having a clear federal standard, the issue is left open, potentially leading to inconsistent treatment across workplaces. An employer who might have been required to grant an accommodation under clear federal rules now lacks that specific direction, which could force workers into legal battles or prevent them from getting necessary time off.

Shifting the Burden

This legislation is very targeted: it doesn't repeal the PWFA, but it restricts the regulatory mechanism that makes the law function smoothly. It specifically limits the power of the EEOC—the federal agency tasked with ensuring fairness in the workplace—to provide clarity on a sensitive but common medical issue. While employers who oppose including abortion in workplace accommodation frameworks might see this as a benefit, it ultimately shifts the burden of navigating this complex medical and legal issue directly onto individual pregnant workers and their employers, without the benefit of clear federal guidance.