Judge Overturns Federal Rules Mandating Employer Accommodations for Abortions in Canada
NEW YORK (AP) — On Wednesday, a federal judge overturned rules mandating that the majority of U.S. employers must offer their staff leave and additional adjustments related to abortion services.
The decision made by U.S. District Judge David Joseph from the Western District of Louisiana marked a win for conservative politicians and religious organizations that had criticized the Equal Employment Opportunity Commission’s actions.
decision to include abortion
Among the pregnancy-related conditions outlined in the guidelines for implementing the Pregnant Workers Fairness Act, which was enacted in December 2022.
The EEOC’s ruling quickly led to multiple legal challenges and diminished the previously robust cross-party backing for the legislation.
intended to bolster the protections for employees who are pregnant
.
Joseph, appointed by President Donald Trump during his initial term, determined that the EEOC had overstepped its bounds by incorporating abortion into its guidelines. This decision stemmed from two combined legal actions initiated by the Attorneys General of Louisiana and Mississippi, along with the U.S. Conference of Catholic Bishops, Catholic University, and two Catholic dioceses.
Joseph supported the plaintiffs’ position, stating that if Congress meant for abortion to fall under the Pregnant Workers Fairness Act, “they would have explicitly stated so during the enactment of the statute, especially considering the significant social, religious, and political implications of the abortion debate in our country today.”
Mississippi and Louisiana have
near-total bans on abortion
, unless it is necessary to save the life of the pregnant individual or in instances of rape that have been reported to law enforcement in Mississippi. Additionally, this exception applies when there is a significant risk of death or severe harm to the patient from continuing the pregnancy, as well as in situations where the fetus has a lethal anomaly in Louisiana.
The Pregnant Workers Fairness Act was approved with broad cross-party backing following a ten-year effort by women’s rights activists, who
applauded it as a victory for low-wage pregnant employees
who have consistently had their requests for accommodations turned down, whether it’s for taking time off for doctor visits or being allowed to sit or stand at work as needed.
The national legislation affects businesses that have at least 15 staff members.
Although the Pregnancy Discrimination Act of 1978 prevents employers from terminating employees due to pregnancy, it failed to ensure that these women would get necessary workplace adjustments. Consequently, numerous females had to continue laboring in hazardous environments or were compelled to go on unpaid leaves as their bosses declined to make required provisions for them.
However, numerous Republican legislators, such as Louisiana Senator Bill Cassidy, who was one of the co-sponsors, expressed their anger when the EEOC declared that the legislation encompassed abortion. The commission’s commissioners passed these regulations via a 3-2 vote split down partisan lines, with all Republican members opposing it.
Joseph removed the section from the EEOC regulations that designated abortion as a “related medical condition” associated with pregnancy and childbirth. Nonetheless, the remainder of the regulations remain intact.
“Triumph! A federal court has approved Louisiana’s petition to invalidate an EEOC regulation mandating that employers must provide accommodations for their workers’ voluntarily chosen abortions. This ruling represents a victory for both Louisiana and the cause of life!” stated Louisiana Attorney General Liz Murrill in an emailed message to The Associated Press.
A Better Balance, the advocacy organization that led a ten-year effort to get the bill passed, denounced the decision.
“The ruling by this court to refuse workers appropriate adjustments for issues related to abortions is an extension of the wider assault on women’s rights and their autonomy over reproduction,” stated Inimai Chettiar, president of A Better Balance.
The decision made on Wednesday occurs as the Trump administration has initiated dramatic alterations at the EEOC, which will likely prompt the agency to revise the regulations of the Pregnant Workers Fairness Act in due course.
Trump
terminated two of the EEOC’s Democratic commissioners
Before their tenure concluded, this paved the way for him to create a Republican majority and implement significant shifts in interpreting and enforcing the country’s workplace civil rights legislation.
Currently, Trump’s action has rendered the EEOC unable to reach the necessary quorum for making crucial decisions such as revoking or amending rules. He nominated Brittany Panuccio, an Assistant US Attorney from Florida, to address one of the open positions. Should the Senate confirm her appointment, this would restore the commission’s ability to function with a full quorum again.
Acting EEOC Chair Andrea Lucas, who opposed the regulations due to the abortion clause, stated she intends to seek changes to these rules.
Several legal challenges against the abortion provisions are currently ongoing, with one notable case brought forth by 17 states, spearheaded by Tennessee and Arkansas. In February,
An appellate court decided that the lawsuit can move forward.
, reversing a lower court’s ruling to discard the complaint.
During ex-President Joe Biden’s tenure, the Justice Department supported the EEOC against such lawsuits; however, it remains uncertain whether this support will persist under the Trump administration. The Justice Department has yet to respond to requests for comments regarding Wednesday’s ruling.
Chettiar stated that the Trump administration probably won’t challenge the decision, further emphasizing its importance.
“The repercussions of this are enormous,” Chettiar stated during an interview with The Associated Press, describing the choice as “a symbolic move and a strong indication of the stance taken by the right regarding women’s rights.”
Nevertheless, the Trump administration has kept defending the Pregnant Workers Fairness Act in a lawsuit filed by the state of Texas.
aims to reverse the law
in its entirety.
_______
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Alexandra Olsson and Claire Savage from The Canadian Press