Coalition of Attorneys General defend against Pregnant Workers Fairness Act lawsuit

HARRISBURG, Pa. (WTAJ) — Pennsylvania Attorney General Michelle has taken steps to defend proposed rules protecting pregnant workers after a group of states led by Tennessee sued the Equal Employment Opportunity Commission (EEOC) to prevent the implementation of the Pregnant Workers Fairness Act (PWFA).

The PWFA, if implemented, will require employers to provide reasonable accommodations for pregnant and postpartum employees for a broad range of conditions related to pregnancy and childbirth. It will also require reasonable accommodations be provided following the termination of a pregnancy.

Prior to the passage of PWFA in 2022, pregnant or postpartum workers were at risk of health complications or job loss, with a disproportionate effect on low-income workers and workers of color, according to a press release from the Pennsylvania Office of Attorney General.

The expansion of the Pregnant Workers Fairness Act will allow for potentially hundreds of thousands of pregnant workers to have better access to the medical care they need to have a safe and healthy pregnancy. Giving birth or losing a pregnancy can be extremely taxing on a person’s body and mind, and this legislation allows for more workers to take the time they need to recover.

Attorney General Michelle Henry

Arguing against the requirement of reasonable accommodations for abortion care and seeking to stop the implementation of the rule entirely, the group of states sued the EEOC in the U.S. District Court for the Eastern District of Arkansas in April.

Attorney General Henry joined a coalition of 23 Attorneys General defending the proposed rule.

In an amicus brief filed in the U.S. District Court for the Eastern District of Arkansas, the coalition opposed the lawsuit, noting that job loss due to pregnancy discrimination can impoverish workers and families and affect their economic security at a critical time in their lives. The brief also argues that PWFA should cover termination of pregnancy via miscarriage, stillbirth or abortion.

Joining Attorney General Henry in filing the amicus brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin and the District of Columbia.

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