Workers’ Rights to Abortion Accommodations Challenged by 17 States Act against Federal Rules

Republican attorneys general from 17 states have filed a lawsuit challenging new federal rules that allow workers to request time off and other accommodations for abortions. They argue that these rules are an illegal interpretation of a federal law passed in 2022.

The lawsuit, led by Tennessee and Arkansas, comes after finalized federal regulations were published on Monday to provide guidance on implementing the Pregnant Workers Fairness Act. This Act allows workers to request time off for abortions and recovery.

The rules, adopted by the Equal Employment Opportunity Commission in a 3-2 vote along party lines, are set to go into effect on June 18. The lawsuit filed in federal court in Arkansas argues that these regulations exceed the scope of the bipartisan 2022 law.

Arkansas Attorney General Tim Griffin stated, “This is yet another attempt by the Biden administration to force through administrative fiat what it cannot get passed through Congress.” He raised concerns about businesses facing lawsuits if they do not accommodate employees’ abortions, even if those abortions are illegal under state law.

An EEOC spokesperson deferred questions to the Justice Department, which did not respond to a request for comment immediately.

A Better Balance, a prominent advocate for the Pregnant Workers Fairness Act, denounced the lawsuit as a baseless attack on the law’s protections.

Dina Bakst, co-president of A Better Balance, stated, “This lawsuit represents a bad faith effort to politicize a vital protection for the health and economic security of families, and continues the alarming attacks on women’s health and reproductive choice.”

The EEOC has clarified that the new law does not require employers or their health plans to cover abortion-related costs. The most likely accommodation sought under the Pregnant Workers Fairness Act regarding an abortion is time off for medical appointments or recovery, which does not have to be paid.

Other states joining the lawsuit include Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and West Virginia.