Lawsuit Challenging Abortion Accommodation Rule Dismissed by Federal Judge
17 states joined forces to file a lawsuit against the EEOC after federal rules entitled workers to time off and other accommodations for abortions. Recently a federal judge in Arkansas, which led the coalition of states that filed the lawsuit, dismissed the case for lack of standing. Republican attorneys general from each of the 17 states filed suit against the Equal Employment Opportunity Commission in April, just days after the agency published rules for employers and workers to implement the Pregnant Workers Fairness Act—a 2022 law that required many employers to make “reasonable accommodations” for pregnant employees and those who had just had babies.
In addition to typical pregnancy workplace accommodations such as time off for prenatal appointments, more bathroom breaks, and permission to carry snacks, the rules say that workers can ask for time off to get abortions and recover from the procedure without fear of being fired. The lawsuit filed by the 17 states asserted that the regulations go beyond the scope of the 2022 law which was passed with bipartisan support. The coalition of the 17 states requested a nationwide preliminary injunction on the federal rules, which are scheduled to go into effect on June 18.
In handing down his decision, the judge said, “The States’ fear of overreach by one branch of the federal government cannot be cured with overreach by another,” according to the ruling. Arkansas Attorney General Tim Griffin said in a statement that he was disappointed in the court’s ruling, but remains confident they will ultimately be successful.
The EEOC regulations are also facing challenges in another federal lawsuit filed in Louisiana that is still awaiting a ruling. The U.S. Conference of Catholic Bishops, alongside other religious groups, have filed a separate lawsuit over the abortion provision in the U.S. District Court for the Western District of Louisiana. That case has been consolidated with cases filed by the attorneys general of Louisiana and Mississippi, which is asking the court to postpone the enforcement of the EEOC rules pending the outcome of the case.
The American Civil Liberties Union and more than 20 labor and women’s advocacy groups have filed amicus briefs in both cases on behalf of the EEOC. They argue that the EEOC ruling should take effect as scheduled, calling them key to the successful implementation of the law. In their briefs, the groups cited dozens of examples of pregnant workers who have reached out to advocacy groups or filed lawsuits claiming that their reasonable accommodations have been denied in direct violation of the Pregnant Workers Fairness Act.
Had the 17 states been successful, they would have blocked the passage of the Pregnant Workers Fairness Act and left millions of pregnant Americans without legal recourse to file lawsuits for violations.
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Source:
ny1.com/nyc/all-boroughs/news/2024/06/15/pregnant-workers-eeoc-lawsuit
