A coalition of Republican attorneys general from 17 states has filed a lawsuit against the Equal Employment Opportunity Commission challenging a new rule that requires employers to provide abortion accommodations under the Pregnant Workers Fairness Act. The rule, finalized in mid-April, mandates that most employers offer “reasonable accommodations” to workers related to pregnancy or childbirth, including time off for an abortion. The EEOC clarified that the rule does not require employers to pay for an abortion or provide paid time off for the procedure. The attorneys general argue that the EEOC is overstepping its authority and rewriting the law by requiring accommodations for elective abortions.
The coalition, led by Tennessee Attorney General Jonathan Skrmetti, contends that the EEOC’s rule constitutes an unconstitutional federal overreach that infringes on existing state laws and exceeds the agency’s authority. Other states joining Tennessee in the lawsuit include Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and West Virginia. The EEOC has referred the request for comment to the Department of Justice, which has not responded.
The final rule clarifies the provisions of the Pregnant Workers Fairness Act, which was passed into law in late 2022 as part of a federal government spending package. The act applies to employers with at least 15 workers and provides pregnant and postpartum workers with various protections, such as time off for recovery from childbirth, prenatal or postnatal appointments, postpartum depression, and accommodations related to seating, light duty, breaks, breastfeeding, and miscarriage. Employers are not mandated to offer paid time off, and accommodations are subject to not causing undue hardship for the employer.
The issue of including abortion in the act’s definition of “pregnancy, childbirth, or related medical conditions” sparked a significant number of comments to the commission, with about 54,000 urging the exclusion of abortion and 40,000 calling for its inclusion. The rule clarifies that the law does not require a job-based health plan to cover any procedure, including abortions. The EEOC asserts that the Pregnant Workers Fairness Act is a workplace anti-discrimination law and that any requirements related to abortion would likely involve a qualified employee requesting leave from work.
Overall, the lawsuit filed by the coalition of Republican attorneys general challenges the EEOC’s interpretation of the Pregnant Workers Fairness Act and the inclusion of abortion accommodations under the rule. The coalition argues that the EEOC’s rule represents an illegal rewriting of the law and constitutes an unconstitutional federal overreach. The final rule clarifies the provisions of the act, which provides pregnant and postpartum workers with various protections, but does not require employers to pay for abortions or provide paid time off for the procedure. The issue of including abortion in the act’s definition sparked a significant number of comments to the commission, with conflicting opinions on whether abortion should be covered under the law.
