A US District Judge in two Southern states has temporarily halted a new federal mandate that would require employers to provide workers seeking elective abortions with time off to obtain and recover from the procedure. The judge's order partially blocked the rule set forth by the Equal Employment Opportunity Commission, stating that the agency had exceeded its authority granted by Congress in implementing the regulation.
The rule, which was scheduled to take effect on Tuesday, has been put on hold in Louisiana and Mississippi while the legal challenge from the states is ongoing. Additionally, the enforcement of the rule against four Catholic entities that filed a separate lawsuit has also been halted by the judge's order.
The regulation was established under the Pregnant Workers Fairness Act, a law passed by Congress as part of a broader spending package in 2022. The Act requires workplaces to make accommodations for pregnant employees related to pregnancy, childbirth, or related medical conditions. The judge emphasized that Congress did not clearly mandate employers to accommodate elective abortions under the PWFA, especially considering the sensitive nature of the abortion issue in the country.
However, the judge clarified that his injunction does not apply to terminations of pregnancy or abortions related to the treatment of medical conditions associated with pregnancy. This decision follows a recent ruling by an Arkansas federal judge who dismissed a challenge to the abortion rule brought by Arkansas and 16 other states, citing a Supreme Court opinion on abortion pill access and stating that the states lacked standing to bring the lawsuit.
