17 States Sue Over Federal Rule Granting Time Off for Abortion Travel

A coalition of 17 Republican state attorneys general filed a lawsuit against the Equal Employment Opportunity Commission (EEOC) over a new rule that requires employers to provide abortion accommodations under the Pregnant Workers Fairness Act. The rule, finalized in mid-April, mandates that most employers offer "reasonable accommodations" to workers related to pregnancy or childbirth, including providing time off for an abortion.

The attorneys general, led by Tennessee Attorney General Jonathan Skrmetti and Arkansas Attorney General Tim Griffin, argue that the EEOC's rule constitutes an unconstitutional federal overreach that infringes on existing state laws and exceeds the scope of the agency's authority. They claim the rule is an illegal interpretation of the Pregnant Workers Fairness Act of 2022, which was intended to protect pregnant women, not provide accommodations for elective abortions.

Why this matters: The lawsuit represents a significant challenge to the EEOC's interpretation of the Pregnant Workers Fairness Act and could have implications for workers seeking accommodations related to abortion. The outcome of the case may also impact the balance of power between federal agencies and state laws regarding abortion rights.

The EEOC has stated that the law cannot be used to require a job-based health plan to pay for any procedure, including an abortion, and that the act's requirements related to abortion are narrow and will likely concern only a request by a qualified employee for leave from work. However, the states involved in the lawsuit, which include Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and West Virginia, maintain that the rule is an overreach of federal authority.

"The EEOC's radical interpretation of the law will force business owners to accommodate employee abortions, even if those abortions are illegal under state law," said Attorney General Skrmetti. The lawsuit seeks to enjoin and set aside the EEOC's "unprecedented and unlawful mandate."

The Pregnant Workers Fairness Act, which became law in June 2022, provides pregnant and postpartum workers with various protections, including time off for recovery from childbirth and accommodations related to seating, light duty, breaks, and breastfeeding. The EEOC's rule extending these accommodations to abortion-related travel and procedures has sparked controversy and legal challenges from states with laws restricting or banning abortion.

Key Takeaways

• 17 Republican state AGs sue EEOC over rule requiring abortion accommodations.
• AGs argue rule exceeds EEOC's authority and infringes on state abortion laws.
• EEOC says law can't require health plans to pay for abortions, but accommodations narrow.
• Lawsuit seeks to block EEOC's "unprecedented and unlawful mandate" on abortion.
• Outcome may impact federal-state balance of power on abortion rights.