Judge scraps federal rules requiring employers to give workers time off for abortions

A federal judge on Wednesday struck down regulations requiring most U.S. employers to provide workers with time off and other accommodations for abortions.

The ruling by U.S. District Judge David Joseph of the Western District of Louisiana was a victory for conservative lawmakers and religious groups who decried the Equal Employment Opportunity Commission’s decision to include abortion among pregnancy-related conditions in regulations on how to implement the Pregnant Workers Fairness Act, which passed in December 2022.

The EEOC’s decision swiftly prompted several lawsuits and eroded what had been strong bipartisan support for the law designed to strengthen the rights of pregnant workers.

Joseph, who was appointed by President Trump during his first term, ruled that the EEOC exceeded its authority by including abortion in its regulations. His ruling came in two consolidated lawsuits brought by the attorneys general of Louisiana and Mississippi, and the U.S. Conference of Catholic Bishops, Catholic University and two Catholic dioceses.

Joseph sided with the plaintiffs’ argument that if Congress had intended for abortion to be covered by the Pregnant Workers Fairness Act, “It would have spoken clearly when enacting the statute, particularly given the enormous social, religious, and political importance of the abortion issue in our nation at this time.”

Mississippi and Louisiana have near-total bans on abortion, except to save the life of the pregnant person or in cases of a rape that has been reported to law enforcement in Mississippi, and when there is a substantial risk of death or impairment to the patient in continuing the pregnancy and in cases where the fetus has a fatal abnormality in Louisiana.

Bipartisan support for pregnant workers law

The Pregnant Workers Fairness Act passed with widespread bipartisan support after a decade-long campaign by women’s right advocates, who hailed it as a win for low-wage pregnant workers who have routinely been denied accommodations for everything from time off for medical appointments to the ability to sit or stand on the job.

The federal law applies to employers with 15 or more employees.

While the Pregnancy Discrimination Act of 1978 prohibits employers from firing pregnant workers, the law did little to guarantee that women would receive accommodations they might need at work. As a result, many women were forced to keep working under unsafe conditions, or were forced to take unpaid leave by employers who refused to accommodate their needs.

But many Republican lawmakers, including Louisiana Sen. Bill Cassidy, who co-sponsored the bill, were furious when the EEOC stated that the law covered abortions. The EEOC’s commissioners approved the rules in a 3-2 vote along party lines, with both Republican commissioners voting against it.

Joseph vacated the provision of the EEOC regulations that included abortion as a “related medical condition” of pregnancy and childbirth. However, the rest of the regulations still stand.

“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!” Louisiana Attorney General Liz Murrill said in a statement e-mailed to The Associated Press.

A Better Balance, the advocacy group that spearheaded a decade-long campaign for passage of the law, condemned the ruling.

“This court’s decision to deny workers reasonable accommodations for abortion-related needs is part of a broader attack on women’s rights and reproductive freedom,” A Better Balance President Inimai Chettiar said in a statement.

EEOC adrift

Wednesday’s ruling comes as the Trump administration has moved to impose tumultuous changes at the EEOC that will almost certainly lead the agency to eventually rewrite the Pregnant Workers Fairness Act regulations.

President Trump fired two of the EEOC’s democratic commissioners before their terms ended, paving the way for him to establish a Republican majority and make major policy changes on how to interpret and enforce the nation’s workplace civil rights laws.

For now, Mr. Trump’s move left EEOC without the quorum needed to make key decisions, including rescinding or revising regulations. The president tapped an assistant U.S. attorney in Florida, Brittany Panuccio, to fill one of the vacancies. If she confirmed by the Senate, the EEOC will regain its quorum.

Acting EEOC Chair Andrea Lucas, who voted against the regulations because of the abortion provision, has said she will work to change them.

Similar lawsuits challenging the abortion provision are underway, including one filed by 17 states, led by Tennessee and Arkansas. In February, an appeals court ruled that lawsuit could proceed, overturning a lower court’s decision to dismiss the complaint.

Under former President Joe Biden, the Justice Department had defended the EEOC against those lawsuits but it is unclear whether it will continue to do so under the Trump administration. The Justice Department did not reply to request for comment on Wednesday’s ruling.

Chettiar said the Trump administration is unlikely to appeal the ruling, adding to its significance.

“The impact of this is huge,” Chettiar said in an interview with The Associated Press, calling the decision “symbolic and a big signal of where the right is when it comes to the rights of women.”

However, the Trump administration has continued defend the Pregnant Workers Fairness Act itself in a lawsuit brought by the state of Texas that seeks to overturn the law in its entirety.