A group of 17 states, led by Republican officials, filed a lawsuit against a federal agency on Thursday. The lawsuit challenges a recent policy that mandates employers to provide time off and other accommodations to pregnant workers who are seeking abortions.
The attorneys general in Arkansas and Tennessee are leading a lawsuit that targets the recently finalized regulations of the Equal Employment Opportunity Commission (EEOC) under the 2022 Pregnant Workers Fairness Act (PWFA). These regulations, despite facing opposition from conservatives, now require employers to accommodate pregnancy-related situations, including abortion.
Arkansas Attorney General Tim Griffin expressed concern regarding the radical interpretation of the PWFA, stating that it could potentially lead to federal lawsuits against business owners who do not accommodate employees’ abortions, even if such abortions are illegal under state law. Griffin emphasized that the original intention of the PWFA was to protect pregnancies, rather than facilitate their termination.
According to Tennessee Attorney General Jonathan Skrmetti, the law is designed to specifically support pregnant employees with certain accommodations.
Arkansas Attorney General Tim Griffin is playing a pivotal role in a lawsuit concerning abortion care guidelines initiated by the EEOC.
In a statement, he expressed his disagreement with the EEOC attempting to transform the bipartisan Pregnant Workers Fairness Act into a requirement for abortion, stating that it is against the law.
Arkansas and Tennessee do not require employers to offer paid parental leave.
Furthermore, Griffin and Skrmetti fail to acknowledge the potential consequences for businesses that refuse to grant their employees time off to undergo an abortion. These regulations specifically target employers with 15 or more employees, granting them the authority to deny necessary accommodations if they believe it would cause an “undue hardship” for their business.
The lawsuit also received support from several other states, including Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and West Virginia. It is worth noting that most of these states have implemented either total or extremely stringent abortion bans.
The EEOC has not yet provided a response to the request for comment on the legal challenge.
Other than abortions, there are various pregnancy-related scenarios that may necessitate accommodations. These include childbirth, miscarriage, stillbirth, lactation, and, in certain instances, fertility treatments. These circumstances can result in both physical and mental limitations. The implementation of the new regulations is scheduled for June 18.
