California Attorney General Rob Bonta has joined a coalition of 24 attorneys general in an amicus brief defending the Equal Employment Opportunity Commission (EEOC)’s rule to implement the Pregnant Workers Fairness Act (PWFA) of 2022. The brief, filed in the United States Court of Appeals for the Eighth Circuit, supports EEOC’s rule implementing the federal legislation that mandates employers provide reasonable accommodations for pregnant and postpartum employees, including those seeking abortion care. This rule is currently being challenged by a coalition of 17 states led by Tennessee.
“PWFA empowers individuals to continue contributing to our economy while providing much-needed protections without compromising their health or their family’s well-being,” said Attorney General Bonta. “At the California Department of Justice, we will continue to fight baseless attacks to this rule, which creates a fair and inclusive work environment for all.”
Enacted in 2022, PWFA is the first federal law requiring employers to offer accommodations for pregnancy-related medical conditions throughout pregnancy and postpartum recovery. These conditions include fertility treatments and pregnancy loss, with accommodations such as time off for childbirth recovery and abortion care access. In August 2023, EEOC proposed a rule under PWFA that required employers to provide reasonable accommodations for workers whose pregnancies are terminated by abortion, typically in the form of time off for medical appointments or recovery. Attorney General Bonta, along with 22 other attorneys general nationwide, supported this proposed rule through a comment letter.
The attorneys general argue that PWFA provides essential protections for employees, particularly low-wage workers and employees of color who face higher risks during pregnancy due to their jobs. They also assert that EEOC correctly included termination of pregnancy – including miscarriage, stillbirth, or abortion – within the law’s protections for “pregnancy, childbirth, or related medical conditions.” Decades of case law interpreting similar terms in the Pregnancy Discrimination Act support EEOC’s interpretation.
Attorney General Bonta joins his counterparts from New York, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland Massachusetts Michigan Minnesota Nevada New Jersey New Mexico North Carolina Oregon Pennsylvania Rhode Island Vermont Washington Wisconsin and the District of Columbia in filing this amicus brief.
A copy of the amicus brief can be found here.