- A federal judge in Louisiana struck down a Biden administration rule that would have forced employers to provide abortion-related accommodations under the Pregnant Workers Fairness Act (PWFA).
- The bipartisan PWFA (2022) requires employers with 15+ workers to offer reasonable accommodations (e.g., breaks, light duty) for pregnant employees – not abortion. It took effect in June 2023.
- In April 2024, the EEOC expanded the law to include abortion, sparking lawsuits. Judge David Joseph ruled the EEOC exceeded its authority, vacating the abortion provision while preserving other protections.
- Trump ousted two Democratic EEOC commissioners, stripping the agency's quorum. A pending Republican majority could rewrite PWFA rules to exclude abortion.
- Louisiana AG Liz Murrill hailed the ruling as a win for religious employers and states' rights.
A federal judge in Louisiana has struck down a Biden administration rule that would have required most U.S. employers to provide workers with time off and other accommodations for abortions under the Pregnant Workers Fairness Act (PWFA).
The PWFA, which took effect in June 2023, requires employers with 15 or more workers to provide "reasonable accommodations" for pregnant employees, such as additional breaks or modified duties. Originally passed with strong bipartisan support, the PWFA was designed to protect pregnant workers, particularly low-wage employees, who were often denied basic accommodations.
However, in April 2024, the Equal Employment Opportunity Commission (EEOC) regulations expanded the law to include abortion-related medical care. This, in turn, immediately prompted several lawsuits and eroded the supposed strong bipartisan support for the rights of pregnant workers.
Fortunately, U.S. District Judge David Joseph, a Trump appointee, sided with plaintiffs, including the attorneys general of Louisiana and Mississippi, as well as the U.S. Conference of Catholic Bishops, who contended that Congress never intended the PWFA to cover abortion. Joseph ruled on May 21 that the EEOC overstepped its authority by including abortion among pregnancy-related conditions in its implementation of the PWFA. He vacated the abortion provision, but the rest of the PWFA's protections remain intact.
"The EEOC has exceeded its statutory authority to implement the PWFA and, in doing so, both unlawfully expropriated the authority of Congress and encroached upon the sovereignty of the Plaintiff States under basic principles of federalism," Joseph wrote in the ruling.
Trump dismisses two Democratic EEOC commissioners
The ruling comes as Trump dismissed two Democratic EEOC commissioners before their terms expired, stripping the agency of its voting quorum and halting major policy decisions. This move allows Trump to install a Republican majority, reshaping how workplace civil rights laws are enforced.
Trump nominated Brittany Panuccio, an assistant U.S. attorney in Florida, to fill one vacancy. If confirmed by the Senate, the EEOC will regain its decision-making power, likely leading to a rewrite of the PWFA regulations.
Acting EEOC Chair Andrea Lucas, who opposed the abortion provision, has signaled plans to revise the regulations. However, the agency currently lacks a quorum to take action until new appointments are confirmed.
Louisiana Attorney General Liz Murrill celebrated the decision, calling it a "win for Louisiana and for life."
"Victory! A federal court has granted Louisiana's request to strike down an EEOC rule requiring employers to accommodate employees' purely elective abortions. This is a win for Louisiana and for life!" Murrill said in a statement emailed to the Associated Press. (Related: Pro-life group blasts Trudeau administration for implying that women must use contraception and have abortions to become successful.)
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18 days ago
WHY is U.S. Conference of Catholic Bishops (CELIBATE MEN!) sticking their noses into what congress and US Courts do regarding women's reproductive rights??? Why are US atty gener coluding w catholic bishops? This is very problematic when it comes to freedom FROM religion.