Republican attorneys general from 17 states have filed a lawsuit challenging new federal rules that provide workers with time off and accommodations for abortions. The lawsuit, led by Tennessee and Arkansas, argues that the rules are an illegal interpretation of a 2022 federal law.
The finalized federal regulations, published on Monday, offer guidance for employers and workers on implementing the Pregnant Workers Fairness Act. These rules allow workers to request time off to obtain an abortion and recover from the procedure.
The Equal Employment Opportunity Commission adopted the rules in a 3-2 vote along party lines, with an effective date of June 18. The lawsuit, filed in federal court in Arkansas, contends that the regulations exceed the scope of the bipartisan 2022 law.
Arkansas Attorney General Tim Griffin criticized the rules as an overreach by the Biden administration, stating that business owners could face federal lawsuits for not accommodating employees' abortions, even if those abortions are illegal under state law.
An EEOC spokesperson referred inquiries to the Justice Department, which has yet to comment on the lawsuit.
A Better Balance, a strong advocate for the Pregnant Workers Fairness Act, denounced the lawsuit as a baseless attack on the law's protections. The group's co-president emphasized the importance of defending workers' rights under the Act.
The EEOC clarified that the new law does not require employers or health plans to cover abortion-related costs. The primary accommodation sought under the Act regarding abortions is likely to be time off for medical appointments or recovery, which may not be paid.
In addition to Tennessee and Arkansas, 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.
