Attorney General Josh Kaul joined a coalition of 23 attorneys general defending a proposed rule issued by the Equal Employment Opportunity Commission (EEOC) to implement the Pregnant Workers Fairness Act (PWFA) of 2022, according to a recent press release.
The EEOC rule would require employers to provide reasonable accommodations for a broad range of conditions related to pregnancy and childbirth, including an employee’s decision to terminate a pregnancy. In an amicus brief filed in the U.S. District Court for the Eastern District of Arkansas, Attorney General Kaul and the coalition opposed a lawsuit seeking to stop the EEOC’s rule from taking effect.
Enacted in 2022, the PWFA is the first federal law that requires employers to provide pregnant and postpartum workers with reasonable accommodations — such as additional breaks or excused time off for doctors’ visits — to protect their health.
In August 2023, the EEOC proposed a rule implementing the PWFA that, among many other things, required employers to provide reasonable accommodations for workers whose pregnancies are terminated by abortion — most commonly in the form of time off to attend a medical appointment or recovery.
In April 2024, a group of states led by Tennessee sued the EEOC in the U.S. District Court for the Eastern District of Arkansas, arguing against the requirement of reasonable accommodations for abortion care and seeking to stop the implementation of the entire EEOC rule pending the outcome of the litigation.
In an amicus brief to the District Court, Attorney General Kaul and the coalition argue for the importance of the PWFA, noting:
-
The economic consequences of job loss due to pregnancy discrimination;
-
The increased likelihood of low-wage workers and workers of color to suffer negative health outcomes during pregnancy as a result of their jobs; and
Advertisement -
The law’s protections for “pregnancy, childbirth, or related medical conditions” encompass termination of pregnancy — including via miscarriage, stillbirth, or abortion.
