A coalition of 17 Republican-led states has filed a lawsuit against the Equal Employment Opportunity Commission (EEOC) over new regulations requiring employers to provide time off and other accommodations for pregnant workers seeking abortions. The lawsuit, led by the attorneys general of Arkansas and Tennessee, argues that the regulations under the 2022 Pregnant Workers Fairness Act (PWFA) go beyond the intended scope of protecting pregnancies. They claim that the law was meant to protect mothers-to-be and promote healthy pregnancies, not to mandate accommodations for abortions, which may be illegal under state law in some cases.
The attorneys general are concerned that the EEOC’s interpretation of the PWFA will lead to federal lawsuits against business owners who do not provide accommodations for employees seeking abortions. They argue that the regulations could put businesses at risk of legal action and are calling for the EEOC to reconsider its stance on accommodating abortions. While Arkansas and Tennessee do not mandate paid parental leave, the attorneys general have not addressed the potential impact on businesses of allowing employees time off for abortion care. The regulations, applying only to employers with 15 or more employees, allow for accommodations to be denied if they would cause an undue hardship to the business.
The lawsuit is also supported by 15 other states with conservative abortion policies, including total or highly restrictive bans in some cases. The EEOC’s new regulations cover a range of pregnancy-related situations, including childbirth, miscarriage, stillbirth, lactation, and fertility treatments, all of which may require accommodations in the workplace. These situations can result in physical and mental limitations for employees, making accommodations necessary for their well-being. The regulations are set to go into effect on June 18, and the EEOC has not yet responded to the legal challenge from the coalition of states.
The new regulations are expected to benefit pregnant workers, particularly those of color, who are more likely to work in low-paying and physically demanding jobs that do not guarantee time off for pregnancy-related situations. By requiring employers to provide accommodations for these situations, the EEOC aims to ensure that pregnant workers have access to necessary support and resources to maintain their health and well-being. The lawsuit from the coalition of states highlights the ongoing debate over abortion rights and the role of government regulations in protecting the rights and needs of pregnant workers in the workplace. It remains to be seen how the legal challenge will impact the implementation of the regulations and the support available to pregnant workers seeking abortions.
