States' Bid to Block PWFA Rule Fails; Compliance Deadline Stands
A last-ditch effort by 18 states to block new federal regulations implementing the Pregnant Workers Fairness Act (PWFA) has failed, allowing the rules to take effect as scheduled on June 18. The regulations require employers to provide reasonable accommodations for employees with pregnancy-related medical conditions.
U.S. District Judge Declines to Halt Regulations
The legal challenge, led by Tennessee, targeted the inclusion of elective abortion as an example of a covered pregnancy-related medical condition. The states argued this transcended the text of the law and violated state policies limiting abortion access.
However, U.S. District Judge Susan Baxter of the Eastern District of Arkansas denied the states' motion for a preliminary injunction on June 14. Baxter ruled the states lacked standing to sue and failed to demonstrate imminent, irreparable harm from the regulations taking effect.
With no injunction in place, employers must comply with the new rules by the June 18 deadline. This requires having a process for employees to request pregnancy-related accommodations.
States Claim Harm from Compliance Costs
The 18 plaintiff states prohibit or strictly limit abortion access. They claimed the regulations would force state agencies to accommodate elective abortions in violation of state law. This would impose compliance costs and infringe on state sovereignty.
However, Baxter found these injuries speculative. Simply listing elective abortion in the rule causes no actual harm to states, she stated. Challenging the statute itself would better address whether it requires accommodating banned abortion procedures.
Furthermore, the judge emphasized federal agencies have longstanding authority over workplace regulations. The PWFA rules align with the statute's purpose to support pregnant employees. Thus, imminent irreparable harm to the states was not proven.
23 States Back Regulations
In contrast, a coalition of 23 states and Washington, D.C. supported the regulations. Led by New York, these states hailed the rules' protection of pregnant workers' access to healthcare without fear of losing their jobs.
The EEOC also vigorously defended its role in interpreting the PWFA's coverage. It characterized abortion as a "related medical condition" under the law.
What Employers Must Do
- Establish procedures for employees to request pregnancy-related reasonable accommodations, both verbally and in writing.
- Engage in an "interactive process" with employees to determine the appropriate accommodation.
- Implement the agreed-upon accommodation, unless providing it would impose an undue hardship.
Typical accommodations may include bathroom breaks, assistance with manual labor, temporary transfer to a less strenuous position, and time off to recover from childbirth.
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States' Bid to Block PWFA Rule Fails; Compliance Deadline Stands
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