Seventeen States Oppose Federal Regulations Protecting Workers’ Right to Abortion Accommodations

A group of Republican attorneys general from 17 states has filed a lawsuit challenging new federal rules that provide workers with time off and other accommodations for abortions. They are calling the rules an illegal interpretation of a federal law passed in 2022.

The lawsuit, led by Tennessee and Arkansas, comes after final federal regulations were published on Monday to offer guidance on how to implement the Pregnant Workers Fairness Act. These regulations allow workers to request time off for getting an abortion and recovering from the procedure.

The Equal Employment Opportunity Commission adopted the rules with a 3-2 vote along party lines, and they are set to go into effect on June 18. The lawsuit filed in federal court in Arkansas argues that the 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. Under this radical interpretation of the PWFA, business owners will face federal lawsuits if they don’t accommodate employees’ abortions, even if those abortions are illegal under state law.”

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

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

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

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