Alabama Attorney General Steve Marshall has filed a lawsuit against the Equal Employment Opportunity Commission (EEOC) over a new rule related to the Pregnant Workers Fairness Act (PWFA). The PWFA, passed by Congress, requires employers to provide accommodations for pregnant workers. However, according to Marshall, the EEOC's implementation of this rule extends beyond its intended scope by obligating employers to accommodate elective abortions.
"An unelected body like the EEOC Commission does not have the authority to rewrite laws passed by Congress," said Attorney General Marshall. He argues that the original intent of Congress was to ensure workplace accommodations for pregnant women and their babies' health. "Biden’s EEOC has illegally transformed that bipartisan law into a mandate that employers facilitate abortions."
The lawsuit claims that federal law already protects women from negative employment consequences due to pregnancy and asserts that the PWFA was designed solely for ensuring basic accommodations for pregnant employees. According to Marshall, several members of Congress clarified that the PWFA does not address abortion issues.
Marshall is part of a 17-state coalition challenging this rule, arguing it violates both the Constitution and the Administrative Procedure Act. The coalition contends that nothing in the PWFA grants the EEOC authority to enforce abortion-related policies on employers nationwide.
The coalition includes attorneys general from Tennessee and Arkansas as leaders, along with representatives from Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and West Virginia.