The EEOC’s 2026 regulatory agenda includes changes to the PWFA

On July 6, the Equal Employment Opportunity Commission (EEOC) published its 2026 regulatory agenda. The EEOC plans to publish a proposed rule revising the Pregnant Workers Fairness Act (PWFA) regulations in November. The agency proposes revising the interpretation of the words “pregnancy, childbirth, or related medical conditions.”

The EEOC also proposes rescinding some requirements this month. The proposals include the following:

• Rescinding EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and reporting requirements under Title VII, the ADA, GINA, and the PWFA; and
• Rescinding the Uniform Guidelines on Employee Selection Procedures – Recordkeeping.

When a rule is earmarked in the regulatory agenda as a “proposed rule,” that means the public expects to see written documentation on which they can provide their comments. The agencies involved, in this case the EEOC, then review the comments, and the rule proceeds to the next step in the legislative process. The dates provided are estimates that the EEOC thinks it’ll have something posted for review.

The agency’s final rules include rescinding the following this month, and the expected dates in 2026:

• The 1979 Interpretive Rule "Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964."
• The Interpretive Rule "The Guidelines on Discrimination Because of National Origin."
• The Appendix to Guidelines on Discrimination Because of Sex.

In November, employers can expect a final rule rescinding the Uniform Guidelines on Employee Selection Procedures.

A final rule addresses the public comments submitted in response to a proposed rule to help determine the final regulatory language. When an agency publishes a final rule, generally the rule is effective no less than 30 days after the date of publication in the Federal Register. A final rule doesn’t take effect until its “effective date” is reached.

Key to remember: Employers can expect to see some potential changes to their requirements under EEOC regulations.