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Judge Dismisses States' Suit Against Federal Abortion Accommodation Rules

 June 16, 2024

A federal judge in Arkansas has ruled that plaintiffs in a lawsuit filed by 17 states against federal rules entitling workers to time off and other accommodations for abortions lack standing.

The ruling rejecting the complaint allows the Pregnant Workers Fairness Act (PWFA) regulations, including provisions for abortion-related leave, to take effect as scheduled, as Newsmax reports.

Seventeen states, led by Republican attorneys general from Arkansas and Tennessee, challenged federal rules entitling workers to time off and other accommodations for abortions. The lawsuit was in response to rules published by the Equal Employment Opportunity Commission (EEOC) related to the Pregnant Workers Fairness Act (PWFA), enacted in 2022.

Federal Judge Denies Preliminary Injunction

The PWFA requires employers to make reasonable accommodations for pregnant or postpartum employees, including time off for abortions and recovery.

The lawsuit argued that the EEOC regulations extended beyond the scope of the PWFA. However, U.S. District Judge D.P. Marshall, Jr. of the Eastern District of Arkansas denied the request for a nationwide preliminary injunction on the federal rules.

"The States’ fear of overreach by one branch of the federal government cannot be cured with overreach by another," stated Judge Marshall. The EEOC rules are set to take effect on Tuesday.

Legal Challenges and Support for EEOC Rules

In addition to the Arkansas lawsuit, the EEOC regulations are being challenged in another federal lawsuit in Louisiana, which is currently awaiting a ruling.

Religious groups and the attorneys general of Louisiana and Mississippi have filed a separate lawsuit in the Western District of Louisiana.

The American Civil Liberties Union (ACLU) and over 20 labor and women’s advocacy groups have filed amicus briefs supporting the EEOC rules. Dina Bakst of A Better Balance praised the ruling, calling it a "victory for millions of pregnant and postpartum workers."

ACLU's Stance and Impact on Employers

Gillian Thomas of the ACLU criticized the lawsuit, stating, "The relief sought in this case is completely overboard and would have harmed literally millions of people." She emphasized that the law has been in place for a year and that employers are violating it in egregious ways, highlighting the need for clear guidance.

The EEOC asserts that its regulations conform to decades of legal precedent on pregnancy anti-discrimination. Abortion rights defenders underscore the importance of these protections, especially in light of the Supreme Court's decision to overturn the constitutional right to abortion.

Response from Arkansas Attorney General

Arkansas Attorney General Tim Griffin expressed disappointment with the court’s ruling and is considering all legal options. "I am disappointed in the court’s ruling and am considering all legal options and remain confident we will ultimately be successful," Griffin said.

The ongoing legal battles highlight the contentious nature of abortion-related accommodations in the workplace. The PWFA's implementation marks a significant step in ensuring that pregnant and postpartum workers receive necessary support and accommodations.

Conclusion

In summary, a federal judge's decision to dismiss the lawsuit against the EEOC rules allows the Pregnant Workers Fairness Act (PWFA) regulations to take effect.

The lawsuit, led by Republican attorneys general from Arkansas and Tennessee, challenged the EEOC's provisions for abortion-related leave.

Despite ongoing legal challenges in other states, the EEOC rules will provide necessary accommodations for pregnant and postpartum workers, supported by the ACLU and various advocacy groups.

The legal landscape surrounding abortion-related accommodations continues to evolve, reflecting broader national debates over abortion rights and workplace protections.

As the PWFA regulations take effect, they will offer important clarity and support for millions of workers across the country.