Montgomery, AL – Alabama Attorney General Steve Marshall has taken legal action against the Equal Employment Opportunity Commission (EEOC), filing a lawsuit challenging the agency’s new rule that expands the scope of the Pregnant Workers Fairness Act (PWFA) of 2022. Marshall contends that the EEOC’s interpretation of the PWFA unlawfully mandates employers, including 17 coalition states, to facilitate employees’ elective abortions.
The PWFA, a bipartisan legislation passed by Congress, aims to ensure that pregnant workers receive reasonable accommodations in the workplace to support their health and the health of their babies. However, Marshall argues that the EEOC’s new rule oversteps its authority by requiring employers to accommodate abortions, a move he describes as a distortion of the original intent of the law.
Marshall emphasized, “An unelected body like the EEOC Commission does not have the authority to rewrite laws passed by Congress.” He further accused the Biden administration of unlawfully promoting its agenda by misinterpreting the bipartisan legislation to advance a pro-abortion stance.
The lawsuit, supported by a coalition of 17 states led by attorneys general from Tennessee and Arkansas, challenges the constitutionality and legality of the EEOC’s new rule. According to Marshall and the coalition, the EEOC’s actions violate both the Constitution and the Administrative Procedure Act.
The coalition asserts that while the PWFA aims to protect pregnant workers from discrimination, it does not grant the EEOC the power to impose a pro-abortion policy on employers nationwide. They argue that such a mandate infringes upon the rights of employers who object to facilitating abortions, and therefore, must be challenged.
Attorney General Marshall’s involvement in the lawsuit underscores the widespread concern among state officials regarding the EEOC’s regulatory overreach. The coalition of states, including Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and West Virginia, collectively opposes what they perceive as an unlawful expansion of federal authority into the realm of abortion policy.
The outcome of this legal challenge will likely have significant implications for the interpretation and implementation of the PWFA, as well as the broader debate surrounding abortion rights and employer obligations in the United States.
