Alabama ensures abortion rights in pregnancy worker protection law

TL/DR –

The Pregnant Workers Fairness Act (PWFA) rules defining how employers can comply with federal laws protecting pregnant workers will come into effect in about two months. The Act mandates employers with 15 or more workers to meet pregnant workers’ accommodation requests provided they do not pose an “undue hardship”, and includes abortion within its definition of pregnancy-related conditions. The Act, passed by Congress in December 2022 and enacted in June 2023, received around 100,000 comments during its public consultation phase, with 54,000 urging the exclusion of abortion and 40,000 supporting its inclusion.

New Regulations for Pregnant Workers’ Rights

New rules for the Pregnant Workers Fairness Act, a federal law protecting pregnant workers, are set to take effect in approximately two months. The U.S. Equal Employment Opportunity Commission (EEOC) clarified that employers with 15 or more employees must provide accommodations for pregnant workers, contingent on the lack of “undue hardship” for employers.

Although passed in December 2022 and effective since June 2023, the EEOC permitted time for public commentaries concerning the proposed rules. Among the 100,000 comments received, 54,000 suggested excluding abortion from the definition of “pregnancy, childbirth or related medical conditions,” while roughly 40,000 supported its inclusion.

The Commission’s Decision

The commission ruled to include abortion as a condition eligible for accommodations, such as time-off requests, per the interpretation of the measure’s plain text in a 400-page document explicating PWFA guidance. The regulations will be published in the Federal Register, but will only take effect 60 days later.

Accommodations for Pregnant Workers

According to the EEOC chair, Charlotte Burrows, these accommodations include water breaks, food breaks, restroom breaks, sitting options, time off for medical appointments, temporary reassignments, and remote work. Americans can also request accommodations for recovery from abortion, lactation, infertility treatment, miscarriages, and stillbirths.

Response to the New Regulations

Those advocating for gender equality celebrate the finalized rules, viewing them as essential protections for pregnant and postpartum workers. It is hoped that these measures prevent them from being forced out of their jobs or denied necessary accommodations. Despite opposition from abortion rights challengers, many believe these regulations will enhance protections for millions of workers.

However, there have been legal challenges led by states like Texas, where a federal judge recently blocked the enforcement of the Pregnant Workers Fairness Act. The legal battle is ongoing, with the Department of Justice yet to comment on a potential challenge to this ruling.

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