On Friday, a federal judge in Arkansas dismissed a lawsuit filed by 17 states that challenged federal regulations granting workers the right to take time off and receive other accommodations for abortions. The ruling was based on the lack of standing of the plaintiffs.
In April, a group of Republican attorneys general, including those from Arkansas and Tennessee, filed a lawsuit against the Equal Employment Opportunity Commission. This was done shortly after the agency released guidelines for employers and employees to follow in order to comply with the Pregnant Workers Fairness Act, a new law that mandates employers to provide “reasonable accommodations” for pregnant or postpartum employees.
The rules not only cover the basic pregnancy-related workplace accommodations such as allowing for more frequent bathroom breaks, time off for prenatal appointments, or permission to carry snacks but also allow for workers to request time off for obtaining an abortion and recuperating from the procedure.
In federal court in Arkansas, a lawsuit has been filed arguing that the regulations exceed the scope of the 2022 law that was passed with the support of both parties.
U.S. District Judge D.P. Marshall, Jr. of the Eastern District of Arkansas, appointed to the bench by former President Barack Obama, has rejected the states’ plea for a national preliminary injunction on the federal rules. These regulations are set to take effect on Tuesday.
According to the ruling issued on Friday, the apprehension of the States regarding the federal government’s potential overreach cannot be resolved by resorting to overreach by another branch.
According to a spokesperson, Tim Griffin, the Attorney General of Arkansas, expressed his disappointment with the court’s ruling. He stated that he is currently exploring all legal options and remains confident that they will ultimately prevail.
Fifteen states have joined the lawsuit, including Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah and West Virginia.
A federal lawsuit challenging the EEOC regulations is currently pending in Louisiana, and a ruling is yet to be made. The U.S. Conference of Catholic Bishops, along with some other religious organizations, has filed a separate lawsuit in the U.S. District Court for the Western District of Louisiana, contesting the abortion provision. The attorneys general of Louisiana and Mississippi have also filed a lawsuit that seeks to delay the enforcement of the EEOC rules until the case is resolved and has been consolidated with the religious groups’ lawsuit.
Over 20 women’s advocacy and labor groups, including the American Civil Liberties Union and A Better Balance, a non-profit organization that led the 10-year fight for the Pregnant Workers Fairness Act, have filed amicus briefs in both cases. They contend that the EEOC regulations must be implemented as planned, as they are crucial to the effective implementation of the law.
According to Dina Bakst of A Better Balance, the ruling in Tennessee v. EEOC is a significant win for the millions of pregnant and postpartum workers in the United States. This ruling allows the Pregnant Workers Fairness Act (PWFA) regulations to take effect next week, providing much-needed clarity on how the law operates in practice.
Advocacy groups and lawsuits have brought to light numerous instances where pregnant workers have been denied accommodations by their employers, despite the protections outlined in the Pregnant Workers Fairness Act. Dozens of pregnant workers have reached out to these groups or filed lawsuits in an effort to combat this issue.
Gillian Thomas, a senior staff attorney in the ACLU’s Women’s Rights Project, expressed her opinion on the Arkansas lawsuit, stating that the relief being sought is excessive and would have negatively impacted millions of people. She further added that despite the law being in place for a year, employers continue to violate it in flagrant ways and require clear guidance.
According to the regulations set by the EEOC, it is in compliance with the longstanding legal precedent that recognizes pregnancy anti-discrimination laws to encompass abortion.
The EEOC rules’ protection has been praised by abortion rights advocates as particularly crucial in light of the Supreme Court’s decision to overturn the constitutional right to abortion. As a result of strict abortion regulations in certain states, women are increasingly forced to travel long distances to access the procedure, which necessitates taking time off work.
