EEOC disrupts pregnant worker accommodation rule with abortion issue.
New Equal Employment Opportunity Commission Work Accommodation Rules for Pregnant Women
The new work accommodation rules proposed by the Equal Employment Opportunity Commission (EEOC) for pregnant or recently pregnant women are facing a threat due to the inclusion of abortion as a “related medical condition.”
Controversial Definition of “Pregnancy, Childbirth, or Related Medical Conditions”
The proposal includes a controversial and broad definition of “pregnancy, childbirth, or related medical conditions.” While it covers important aspects such as lactation, menstruation, and miscarriages, it also includes birth control and abortion.
Concerns Raised by Sen. Bill Cassidy
Sen. Bill Cassidy (R-LA), the lead proponent of the Pregnant Workers Fairness Act in the Senate, strongly criticized the inclusion of abortion in the regulations, deeming it “illegal.”
“The Biden administration has gone rogue. These regulations completely disregard legislative intent and attempt to rewrite the law by regulation,” Cassidy said. “The Pregnant Workers Fairness Act is aimed at assisting pregnant mothers who remain in the workforce by choice or necessity as they bring their child to term and recover after childbirth. The decision to disregard the legislative process to inject a political abortion agenda is illegal and deeply concerning.”
Sen. Cassidy’s press release emphasized that the law was passed with “overwhelmingly bipartisan support” under the understanding that abortion would not be included. The EEOC clarified that the rule does not require or forbid employers from paying for health insurance benefits for an abortion.
The Alliance Defending Freedom (ADF) also expressed concerns, stating that the EEOC ”hijacked” the legislation with its abortion language.
“Congress sought to help pregnant workers, not force employers to facilitate abortions,” said ADF senior counsel Julie Marie Blake. “The administration doesn’t have the legal authority to smuggle an abortion mandate into a transformational pro-life, pro-woman law.”
Accommodations and Protections
Aside from the abortion concerns, the proposed rules by the EEOC aim to provide various accommodations for pregnant workers. These include longer and more frequent breaks, teleworking options, job restructuring, and schedule changes.
The Pregnant Workers Fairness Act, which became effective on June 27, aims to prevent employers from denying opportunities to pregnant employees or prospects due to their pregnancy or related conditions, while also considering the employer’s ability to accommodate these needs without facing undue hardship.
“This important new civil rights law promotes the economic security and health of pregnant and postpartum workers by providing them with access to support on the job to keep working, which helps employers retain critical talent,” said EEOC Chairwoman Charlotte A. Burrows. “The EEOC’s bipartisan proposed regulation furthers the agency’s leadership role in fulfilling the promise of the PWFA’s protections.”
Public Comment and Future Steps
The EEOC’s proposed regulation is open for public comment for 60 days after its publication on Aug. 11. The commission is specifically seeking feedback on additional examples for reasonable accommodations, as well as data on the proportion of pregnant workers who require accommodations and the associated costs.
The Pregnant Workers Fairness Act was originally introduced to Congress in 2012 but only gained enough support to pass as part of last year’s budget compromise.
While pregnant women make up only about 1.6% of the total workforce in the United States, according to the National Partnership for Women and Families, approximately 70% of pregnant women in the U.S. were employed during the year of their pregnancy.
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