17 states challenge federal rules entitling workers to accommodations for abortion

LITTLE ROCK, Ark. — Republican attorneys general from 17 states filed a lawsuit Thursday challenging new federal rules that give workers the right to time off and other accommodations for abortions, calling the rules an illegal interpretation of a 2022 federal law.

The lawsuit led by Tennessee and Arkansas comes since final federal regulations were released on April 15 to guide employers and employees in implementing the Pregnant Workers Fairness Act. The language means employees can request time off to have an abortion and recover from the procedure.

The rules, which the Equal Employment Opportunity Commission passed on a 3-2 vote along party lines, will take effect June 18. The lawsuit filed in federal court in Arkansas argues that the regulations go beyond the scope of the bipartisan 2022 law. support.

“This is yet another attempt by the Biden administration to push through administrative fiat that cannot pass Congress,” Arkansas Attorney General Tim Griffin said in a statement. “Under this radical interpretation of the PWFA, business owners will face federal lawsuits if they do not allow employee 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, one of the most vocal advocates for the Pregnant Workers Fairness Act, called the lawsuit a baseless attack on the law’s protections.

“This lawsuit represents a bad-faith attempt to politicize what is an essential protection for the health and economic security of millions of families, and a continuation of the alarming attacks on women’s health and reproductive choice,” said Dina Bakst, co-chair of the group. said in a statement. “We are committed to fighting to defend workers’ rights under the Pregnant Workers Fairness Act.”

The EEOC has said that the new law does not require employers or employer-sponsored health plans to cover abortion-related costs, and that the type of accommodation most likely to be sought under the Pregnant Workers Fairness Act regarding abortion is time off to attend . a medical appointment or for recovery, for which no payment is required.

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.

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This story has been updated to correct that the rules were published on Monday, April 15, and not last Monday. Left photo.