17 states challenge abortion time-off job rule

Republican attorneys general from 17 states filed a lawsuit Thursday challenging new federal rules entitling workers to time off and other accommodations for abortions, calling the rules an illegal interpretation of a 2022 federal law.

The lawsuit led by Tennessee and Arkansas comes after finalized federal regulations were published April 15 to provide guidance for employers and workers on how to implement the Pregnant Workers Fairness Act. The language means workers can ask for time off to obtain an abortion and recover from the procedure.

The rules, which the Equal Employment Opportunity Commission adopted on a 3-2 vote along party lines, will go into effect June 18. The lawsuit filed in federal court in Arkansas argues the regulations go beyond the scope of the 2022 law that passed with bipartisan support.

“This is yet another attempt by the Biden administration to force through administrative fiat what it cannot get passed through Congress,” Arkansas Attorney General Tim Griffin said in a statement. “Under this radical interpretation of the PWFA, business owners will face federal lawsuits if they don’t accommodate employees’ abortions, even if those abortions are illegal under state law.”

An EEOC spokesperson referred questions to the Justice Department, which did not immediately respond to a request for comment.

The EEOC has said the new law does not obligate employers or employer-sponsored health plans to cover abortion-related costs, and that the type of accommodation that most likely will be sought under the Pregnant Workers Fairness Act regarding an abortion is time off to attend a medical appointment or for recovery, which does not have to be paid.

The other states joining the lawsuit are Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah and West Virginia.