(Chicago) A lawsuit filed by 17 U.S. states challenging federal rules that allow workers leave and other accommodations for abortions lacks standing, a federal judge ruled Friday. ‘Arkansas.
Republican attorneys general in each state, led by Arkansas and Tennessee, sued the Equal Employment Opportunity Commission in April. Days earlier, the agency issued rules allowing employers and workers to implement the Pregnant Workers Fairness Act, a 2022 law requiring many employers to provide “reasonable accommodations.” for pregnant or postpartum employees.
In addition to more common workplace accommodations for pregnancy, such as time off for prenatal appointments, more bathroom breaks, or permission to bring snacks, the rules state that female workers can request time off to obtain an abortion and recover from the procedure.
The lawsuit filed in Arkansas federal court argued that the regulations went beyond the scope of the 2022 law passed with bipartisan support.
Eastern Arkansas District Judge DP Marshall Jr., who was appointed to the bench by former President Barack Obama, denied the states’ request for a nationwide preliminary injunction on federal rules, which are expected to take effect Tuesday.
“The states’ fear of one branch of the federal government going too far cannot be cured by another branch,” Friday’s ruling said.
Arkansas Attorney General Tim Griffin said in a statement provided by a spokesperson that he was “disappointed by the court’s decision” and that he was exploring “all legal options and remains confident that we will ultimately by succeeding”.
Other states joining the lawsuit include Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah and West Virginia.
The Equal Employment Opportunity Commission’s regulations are also being challenged in another federal lawsuit in Louisiana that is still awaiting a decision.
The United States Conference of Catholic Bishops, along with other religious groups, filed a separate lawsuit over the abortion provision in the U.S. District Court for the Western District of Louisiana. That case was solidified by a lawsuit filed by the attorneys general of Louisiana and Mississippi, who also asked the judge to delay enforcement of the Commission’s rules pending the outcome of the case.
A “victory” for pregnant workers
The American Civil Liberties Union (ACLU) and more than 20 workers’ and women’s rights groups, including A Better Balance, a nonprofit organization that led the 10-year campaign to pass the Pregnant Workers Fairness Actfiled amicus briefs in both cases, arguing that the Commission’s rules should take effect as intended.
“Today’s decision in the case Tennessee v. Commission for Equal Employment Opportunity is a victory for millions of pregnant and postpartum workers across the country because it allows regulations to Pregnant Workers Fairness Act to come into force next week, providing important clarity on how the law works,” said Dina Bakst of A Better Balance.
In their briefs, the groups cited dozens of examples of pregnant workers who contacted advocacy groups or filed lawsuits, saying employers continued to deny them accommodations in violation of the Workers’ Fairness Act speakers.
“The relief sought in this case is completely over the top and would have harmed literally millions of people,” said Gillian Thomas, senior attorney for the ACLU Women’s Rights Project, referring to the Arkansas lawsuit. “The law has been in effect for a year and employers are most blatantly violating it left and right and clearly need guidance. »
The Commission, in its regulations, said it was complying with decades of legal precedent establishing that pregnancy anti-discrimination laws include abortion.
Abortion rights advocates also hailed the protection afforded by the Commission’s rules as particularly critical in the wake of the Supreme Court’s decision that struck down the constitutional right to abortion. Women living in states with strict abortion restrictions increasingly must travel far to get the procedure and need time off to do so.
Associated Press coverage of women in the workforce and state government receives financial support from Pivotal Ventures. The AP is entirely responsible for the content.