Judge vacates federal rules requiring employers to provide accommodations for abortions
NEW YORK (AP) — 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 Donald 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.'
'The EEOC has exceeded its statutory authority to implement the PWFA and, in doing so, both unlawfully expropriated the authority of Congress and encroached upon the sovereignty of the Plaintiff States under basic principles of federalism,' Joseph wrote.
Mississippi and Louisiana have near-total bans on abortion, except to save the life of the pregnant person or in cases of 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.
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 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.
The Pregnant Workers Workers Act requires employers to provide 'reasonable accommodations' for conditions related to pregnancy and childbirth, from time off for medical appointments to exemption for heavy-lifting, and places the burden on employers to prove 'undue hardships' for denying any requests.
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.
In his ruling, 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 workers 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.
'A Better Balance is working around the clock to defend this law that we fought so hard to pass. We won't stand by as these vital protections for women and all pregnant people are undermined,' Chettiar added.
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.
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, Trump's move left EEOC without the quorum needed to make key decisions, including rescinding or revising regulations. Trump 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.
_______
The Associated Press' women in the workforce and state government coverage receives financial support from Pivotal Ventures. AP is solely responsible for all content. Find AP's standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hamilton Spectator
25 minutes ago
- Hamilton Spectator
A deadly race for food: Palestinians in Gaza risk harrowing journey day after day
KHAN YOUNIS, Gaza Strip (AP) — Each day, Palestinians in Gaza run a deadly gantlet in hopes of getting food. Israeli troops open barrages of gunfire toward crowds crossing military zones to get to the aid, they say, and knife-wielding thieves wait to ambush those who succeed. Palestinians say lawlessness is growing as they are forced into a competition to feed their families. A lucky few manage to secure some packets of lentils, a jar of Nutella or a bag of flour. Many return empty-handed and must attempt the ordeal again the next day. 'This isn't aid. It's humiliation. It's death,' said Jamil Atili, his face shining with sweat as he made his way back last week from a food center run by the Gaza Humanitarian Foundation , an Israeli-backed private contractor. He had suffered a knife cut across his cheek amid the scramble for food and said a contractor guard pepper-sprayed him in the face. Still, he emerged with nothing for his 13 family members. 'I have nothing to feed my children,' he said, nearly crying. 'My heart is broken.' Israel began allowing food into Gaza this past month after cutting it off completely for 10 weeks, though United Nations officials say it is not enough to stave off starvation . Most of the supplies go to GHF, which operates four food distribution points inside Israeli military zones. A trickle of aid goes to the U.N. and humanitarian groups. Both systems are mired in chaos. Daily gunfire by Israeli troops toward crowds on the roads heading to the GHF centers has killed several hundred people and wounded hundreds more in past weeks, according to Gaza's Health Ministry. At the same time, in past weeks, hungry crowds overwhelm most of the U.N.'s truck convoys and strip away the supplies. Israeli troops have opened fire to disperse crowds waiting for trucks near military zones, witnesses say — and on Tuesday, more than 50 people were killed , according to the ministry. The Israeli military says it is investigating. 'I don't see how it can get any worse, because it is already apocalyptic. But somehow it does get worse,' said Olga Cherevko, spokesperson for the U.N. humanitarian affairs office. Israel and GHF downplay the violence Israel says it has only fired warning shots at suspects who approached its forces along the roads to the GHF food centers. Palestinian witnesses say the troops fire to prevent crowds from moving past a certain point before the centers open or because people leave the road designated by the military. They describe heavy barrages from tanks, snipers, drones and even guns mounted on cranes. Asked how its soldiers control movement, the military told The Associated Press its 'operational conduct ... is accompanied by systematic learning processes.' It said it was looking into safety measures like fences and road signs. GHF says no shootings have taken place in or near its hubs. A spokesperson, speaking on condition of anonymity under GHF rules, said incidents take place before sites open involving aid-seekers who move 'during prohibited times ... or trying to take a short cut.' They said GHF is trying to improve safety, in part by changing opening times to daylight hours. Israel intends for GHF to replace the U.N.-led aid network in Gaza, contending that Hamas diverts large amounts of aid from it. The U.N. denies the claim. Ducking under fire Thousands of people must walk miles to reach the GHF centers, three of which are in the far south outside the city of Rafah. Palestinians said the danger begins when the crowds enter the Israeli military zone encompassing Rafah . Mohammed Saqer, a father of three who risked the trip multiple times, said that when he went last week, tanks were firing over the heads of the crowds as drone announcements told everyone to move back. It's 'like it was 'Squid Game,'' Saqer said, referring to the dystopian thriller TV series in which contestants risk their lives to win a prize. Just raising your head might mean death, he said. He and others crawled forward, then left the main road. A shot rang out nearby and they ducked, he said. They found a young man on the ground, shot in the back. The others assumed he was dead, but Saqer felt his chest — it was still warm, and he found a pulse. They carried him to a point where a car could pick him up. Saqer said he stood for a moment, traumatized by the scene. Then people shouted that the site had opened. The mad dash Everyone broke into a crazed run, he said. He saw several people wounded on the ground. One man, bleeding from his abdomen, reached out his hand, pleading for help. No one stopped. 'Everyone is just running to get to the aid, to get there first,' Saqer said. Omar al-Hobi described the same scene the four times he went last week. Twice, he returned empty-handed; once, he managed to grab a pack of lentils. On the fourth day, he was determined to secure flour for his three children and pregnant wife. He said he and others inched their way forward under tank fire. He saw several people shot in the legs. One man fell bleeding to the ground, apparently dead, he said. Horrified, al-Hobi froze, unable to move, 'but I remembered I have to feed my children .' He took cover in a greenhouse, then heard the announcement that the center was open and began to run. Avoiding thieves At the center, food boxes are stacked on the ground in an area surrounded by fences and earthen berms. Thousands rush in to grab what they can in a frantic melee. You have to move fast, Saqer said. Once supplies run out, some of those who came too late rob those leaving. He swiftly tore open a box and loaded the contents into a sack — juice, chickpeas, lentils, cheese, beans, flour and cooking oil. Then he took off running. There's only one route in and out of the center. But, knowing thieves waited outside, Saqer clambered over a berm, running the risk of being fired on by Israeli troops. 'It all depends on the soldiers' mood. If they are in a bad mood … they will shoot at me. If not, they will let me be,' he said. Heba Jouda said she saw a group of men beat up a boy of 12 or 13 years old and take his food as she left one of the Rafah centers. Another time, she said, thieves attacked an older man, who hugged his sack, weeping that his children had no food. They sliced his arm with a knife and ran off with the sack. The finish line Al-Hobi said he was trampled in the scramble for boxes. He managed to grab a bag of rice, a packet of macaroni. He snagged flour — but much of it was ruined in the chaos. At his family tent outside Khan Younis, his wife, Anwaar Saleh, said she will ration it all to make it last a week or so. 'We hope he doesn't have to go back. His life is the most important thing,' she said. Al-Hobi remains shaken — both by his brushes with death and the callousness that the race for food has instilled in everyone. 'No one will show you mercy these days. Everybody fends for themselves.' ___ El Deeb reported from Beirut, Keath from Cairo. AP correspondent Samy Magdy in Cairo contributed. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Hamilton Spectator
40 minutes ago
- Hamilton Spectator
The Latest: 2nd week of Israel-Iran war starts with renewed strikes
DUBAI, United Arab Emirates (AP) — The second week of the Israel-Iran war started with a renewed round of strikes despite talks between European ministers and Iran's top diplomat. Friday's talks, which aimed at de-escalating the fighting between the two adversaries, lasted for four hours in Geneva, but failed to produce a breakthrough. Meanwhile, U.S. President Donald Trump continued to weigh his country's military involvement and concerns spiked over potential strikes on nuclear reactors. Still, European officials expressed hope for future negotiations. Iranian Foreign Minister Abbas Araghchi said he was open to further dialogue but stressed Tehran wasn't interested in negotiating with the U.S. while Israel continued attacking. Here is the latest: Tehran vows to make Grossi 'pay' A senior adviser for Iran's Supreme Leader, Ali Khamenei, vowed in a social media post Saturday to make the head of the International Atomic Energy Agency 'pay' once the war with Israel is over. Ali Larijani's threat comes as IAEA Director General Rafael Mariano Grossi has become a major target for many Iranian officials who say his conflicting statements about the status of Iran's nuclear program incited the Israeli surprise attack last week. Grossi told the United Nations' Security Council Friday that while Iran has the material to build a nuclear bomb, it appears they have no plans to do so. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
43 minutes ago
Supreme Court rejects toy company's push for a quick decision on Trump's tariffs
WASHINGTON -- The Supreme Court on Friday rejected a push from an Illinois toy company asking for a quick decision on the legality of President Donald Trump's tariffs. Learning Resources Inc. wanted the justices to take up the case soon, rather than let it continue to play out in lower courts. The company argues the tariffs and uncertainty are having a 'massive impact' on businesses around the country and the issue needs swift attention from the nation's highest court. The justices didn't explain their reasoning in the brief order rebuffing the motion to fast-track the issue, but the Supreme Court is typically reluctant to take up cases before lower courts have decided. An appeals court is set to hear the case in late July. The company argues that the Republican president illegally imposed tariffs under an emergency powers law, bypassing Congress. It won an early victory in a lower court, but the order is on hold as an appeals court considers a similar ruling putting a broader block on Trump's tariffs. The appeals court has allowed Trump to continue collecting tariffs under the emergency powers law for now. The Trump administration has defended the tariffs by arguing that the emergency powers law gives the president the authority to regulate imports during national emergencies and that the country's longtime trade deficit qualifies as a national emergency.
