A judge has dismissed a lawsuit filed by a coalition of 17 attorneys general (AGs) against the Equal Employment Opportunity Commission (EEOC), which alleged unconstitutional overreach for requiring all employers to offer accommodations under the Pregnant Workers Fairness Act (PWFA) for women who get an abortion. The judge determined the plaintiffs lacked standing.
The PWFA was meant to be a bill with pro-life aims — to end pregnancy discrimination by filling in the legal gap between the Americans with Disabilities Act (ADA) and the Pregnancy Discrimination Act (PDA). It became law in June of 2023, but abortion groups quickly seized the opportunity and began mobilizing to include abortion as an accommodation needed during pregnancy. The intent of the bill was to ensure workplace accommodations for pregnant women, such as time off for medical appointments and recovery from childbirth or miscarriage, seating for pregnant women who stand for long periods during their job, and breaks for food, water, restroom, and breastfeeding needs. Within just two months of the PWFA’s passing, the EEOC defined abortion as part of “related medical conditions” to pregnancy, which it clarified as “lactation (including breastfeeding and pumping), use of birth control, menstruation, infertility and fertility treatments, endometriosis, miscarriage, stillbirth, or having or choosing not to have an abortion…”
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In April of 2024, the EEOC finalized its mandate to include abortion. The coalition — led by AGs from Tennessee and Arkansas — sued, arguing that Congress did not authorize such “hijacking” of the PWFA. “Congress passed the bipartisan Pregnant Workers Fairness Act to protect mothers-to-be and promote healthy pregnancies, and the EEOC’s attempt to rewrite that law into an abortion mandate is illegal,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “I’m proud to lead the coalition fighting to protect the rule of law against this unconstitutional federal overreach.”
Eastern District of Arkansas U.S. District Judge D.P. Marshall, Jr. denied the coalition’s request to place an injunction on the rules. “The States’ fear of overreach by one branch of the federal government cannot be cured with overreach by another,” he said in his ruling. He also claimed that “pregnancy-related medical conditions” is broad enough language to be assumed to include abortion.
In a statement, Arkansas Attorney General Tim Griffin insinuated the coalition would continue fighting back, saying, “I’m disappointed in the court’s ruling, am considering all legal options, and remain confident we will ultimately be successful.”
