A federal judge on Wednesday struck down part of a Biden-era rule requiring that employers provide accommodations for workers’ elective abortions.
The Pregnant Workers Fairness Act requires that employers provide workplace accommodations for pregnancy, childbirth and related medical conditions. The U.S. Equal Employment Opportunity Commission, in regulations implementing the law, defined related conditions as including “termination of pregnancy, including via miscarriage, stillbirth, or abortion.”
The inclusion of abortion was immediately met with judicial challenges from a variety of stakeholders, and Judge David C. Joseph put the rule on hold for a group of plaintiffs just before it was scheduled to take effect in June 2024.
Vacating the rule in a consolidated case Wednesday (The state of Louisiana, et al v. EEOC; United States Conference of Catholic Bishops, et al v. EEOC), Joseph also ordered EEOC to revise its regulations.
He made clear, however, that terminations of pregnancy or abortions stemming from the underlying treatment of a medical condition related to pregnancy are not affected by the order. “Such procedures are clearly ‘related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions,’” Joseph wrote. “Covered employers are therefore required to provide accommodation to the extent set forth in the PWFA.”
Lawyers for Ogletree Deakins also reminded employers in an analysis of the ruling that employees’ decisions to have or not have abortions remain protected by Title VII of the Civil Rights Act.
The attorneys also said it’s unlikely EEOC will appeal the ruling as Chair Andrea Lucas previously said she disagreed with that portion of the regulation.
Wednesday’s ruling represents yet another rollback of Biden-era policy. Among other things, a judge on May 16 vacated the gender-identity portions of an EEOC harassment guidance. Other challenges have targeted a National Labor Relations Board joint employer rule and U.S. Department of Labor initiatives on independent contractors and overtime pay eligibility.
