A US District Judge has partially halted a new federal mandate that requires employers to give workers seeking elective abortions time off to obtain and recover from the procedure. The rule, issued by the Equal Employment Opportunity Commission under the Pregnant Workers Fairness Act, was set to take effect but has been blocked in Louisiana and Mississippi while legal challenges are ongoing.
The judge's order cited that the EEOC had exceeded its authority granted by Congress in implementing the regulation. The final rule under the Pregnant Workers Fairness Act, passed in 2022, mandates workplaces to provide accommodations for pregnant employees related to pregnancy, childbirth, or related medical conditions.
The controversial aspect of the regulation was the inclusion of abortion in the act's definition of 'pregnancy, childbirth, or related medical conditions.' This sparked a significant response, with thousands of comments both in favor and against the inclusion of abortion in the act.
The judge emphasized that the preliminary injunction does not apply to terminations of pregnancy or abortions stemming from the treatment of a medical condition related to pregnancy. The EEOC clarified that the law does not require job-based health plans to pay for any procedure, including abortion, and specified that it is a workplace anti-discrimination law.
While the ruling has stirred debate and legal challenges, advocates for pregnant and postpartum workers stress that the rights under the Pregnant Workers Fairness Act remain intact. The act provides various protections for pregnant and postpartum workers, including time off for recovery from childbirth, prenatal or postnatal appointments, and accommodations related to various needs.
Despite the recent legal developments, the broader implications of the ruling and its impact on workplace policies and employee rights remain to be seen as the legal challenges continue to unfold.
