The Republican attorneys general of 17 states have filed a lawsuit against the Equal Employment Opportunity Commission (EEOC) over their new rule that requires employers to provide accommodations related to abortion under the Pregnant Workers Fairness Act. The EEOC’s finalized rule, announced in mid-April, mandates reasonable accommodations for workers relating to pregnancy or childbirth, including time off for an abortion. However, the commission clarified that it does not require employers to pay for abortions nor provide paid leave for them.
The coalition of states led by Tennessee’s Attorney General Jonathan Skrmetti argues that Congress passed the Pregnant Workers Fairness Act as a means of protecting pregnant women and promoting healthy pregnancies, but claims that the EEOC has overstepped its bounds in requiring employers to accommodate elective abortions. The coalition contends that this constitutes an unconstitutional federal overreach infringing on existing state laws and exceeds the scope of agency authority.
Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and West Virginia are joining Tennessee in this lawsuit against the EEOC’s rule requiring abortion accommodations under the Pregnant Workers Fairness Act. The commission referred a request for comment to the Department of Justice which did not immediately respond at press time.
The final rule clarifies provisions from last year’s law, applying to employers with 15 or more staff unless an accommodation causes “undue hardship.” Under the Pregnant Workers Fairness Act, pregnant and postpartum workers are entitled to a range of protections including leave for recovery after childbirth, prenatal/postnatal appointments, miscarriage support, accommodations relating to seating or breaks. Employees do not have an entitlement to paid time off under this legislation.
The EEOC received approximately 54,000 comments urging them to exclude abortion from the definition of “pregnancy, childbirth, or related medical conditions,” while around 40,00 requested its inclusion in these provisions. The commission specified that the act does not allow requiring any type of workplace insurance program such as healthcare benefits provided by job-based plans under this legislation to pay for abortion procedures nor provide paid leave time off specifically associated with an elective procedure.
The EEOC stated last week that, regarding abortions, “the PWFA’s requirements are narrow and will likely concern only a request by a qualified employee for leave from work.”
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