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It’s becoming clear that the EEOC intends to use litigation as the preferred tool to enforce the Pregnant Workers Fairness Act until employers understand their obligation to accommodate pregnant workers in a way that preserves earnings whenever possible. To that end, the EEOC just sued U.S. Steel in a case that highlights how not to handle pregnancy at work.

Recently, EEOC Chair Andrea Lucas announced that one of the agency’s priorities for 2026 is supporting pregnant employees in their efforts to remain on the job during and after pregnancy. Although she expects the agency to narrow the scope of regulations under the Pregnant Workers Fairness Act, that does not mean the EEOC isn’t aggressively going after employers that aren’t in full compliance with that law.

Employers are often urged to determine reasonable accommodations quickly to avoid being accused of slowing the process as a way to avoid their obligations. But employers also naturally fear that if they temporarily approve an accommodation, they’re stuck with it forever. Fortunately, that’s not the case, as a recent decision shows.

The new year is here, and with it, the big HR headaches of the first quarter of 2026 are coming into focus. Here are some of the crucial issues we will be covering as the Trump administration enters its second full year.

It’s likely new return-to-work policies will face legal challenges, especially by disabled employees who have been using an accommodation like telework and performing their jobs well. Altering accommodations generally requires some change to performance or the underlying disability.

A recently filed EEOC lawsuit against JCPenney highlights how employers must account for absences under an attendance point system. While such systems cut down on employees whose absence causes scheduling problems, managers and supervisors must be trained on how to handle call-offs that may be covered under the FMLA, ADA and PWFA.

Employers can’t refuse to hire someone because they have a disability or because the employer perceived the applicant to be disabled, per the provisions in the Americans with Disabilities Act. A blanket rule barring hiring an applicant who takes prescription medication for a medical condition violates the ADA. That’s true even if the medication is used to treat a condition that could pose a potential safety risk.

President Trump signed an executive order changing how marijuana is handled under the federal Controlled Substances Act. The drug has been reclassified to Schedule III, from its previous classification as a Schedule I drug, along with heroin and other drugs with high addiction and abuse potential and little or no established medical uses.

If you’re struggling with administering reasonable accommodations under the Pregnant Workers Fairness Act, help may be on the way. It looks like the EEOC may soon be revising the first set of regulations the agency approved during the Biden administration.

If you haven’t required supervisors to get HR involved in the approval process, you should. A supervisor’s informal accommodation can backfire otherwise, making it very hard to revoke the accommodation. That’s what happened in one recently filed lawsuit.