EEOC’s Abortion Accommodation Mandate Struck Down By Federal Court: What Employers Need To Know
A federal judge in Louisiana ruled yesterday that the Equal Employment Opportunity Commission (EEOC) overstepped its authority by requiring employers to accommodate elective abortions that are not medically necessary. Although multiple lawsuits are currently pending on the issue, the order applies nationwide until and unless a higher court rules otherwise. The judge’s May 21 decision vacated relevant parts of a Biden-era rule implementing the Pregnant Workers Fairness Act (PWFA) – which was already living on borrowed time given the new administration’s position on the matter. Notably, Acting EEOC Chair Andrea Lucas has publicly opposed her agency’s abortion-related accommodation rule, was planning on taking steps to overturn the rule, and is expected to support the court’s ruling – though we could see worker advocacy groups pick up the battle in the agency’s place. Here’s what employers need to know about the ruling and how it impacts your policies and practices. Key Takeaways F...