PWFA Regulations Partially Enjoined in Louisiana and Mississippi

/in /by

APPLIES TO

All Employers with Employees in LA and MS

EFFECTIVE

June 17, 2024

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Quick Look

  • In State of Louisiana v. Equal Employment Opportunity Commission, the United States District Court for the Western District of Louisiana held that the Equal Employment Opportunity Commission (EEOC) exceeded its authority to implement the Pregnant Workers Fairness Act (PWFA) as it relates to elective abortions and has partially enjoined that portion of the EEOC’s regulations.
  • The preliminary injunction is limited in its scope to the States of Louisiana and Mississippi and its agencies and any covered entity under the final rule whose employees’ “primary duty station” is in Louisiana or Mississippi, as well as the church plaintiffs.

Discussion

In State of Louisiana v. Equal Employment Opportunity Commission, United States District Court for the Western District of Louisiana held that the Equal Employment Opportunity Commission (EEOC) exceeded its authority to implement the Pregnant Workers Fairness Act (PWFA) as it relates to elective abortions and has partially enjoined that portion of the EEOC’s regulations. Here, a consolidated action filed by the States of Louisiana and Mississippi and four entities affiliated with the Roman Catholic Church sought a preliminary injunction to prevent enforcement of the final rule which would have required them to make a reasonable accommodation in the event of an elective abortion.

 

Specifically, the PWFA requires employers to “make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions to a qualified employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.” The final rule issued by the EEOC states that having an abortion is an “example of pregnancy, childbirth, or related medical condition.” The individual state plaintiffs argued that the final rule would increase regulatory and compliance costs as well as damage sovereignty and free speech rights. The church plaintiffs argued the final rule would make them knowingly violate sincerely held religious beliefs regarding the “moral evil” of abortion.

 

Ultimately, the court found that Congress could not reasonably be understood to grant the EEOC the power to interpret the scope of the PWFA to impose a nationwide mandate on public and private employers to provide workplace accommodations for the elective abortions of employees. By inserting abortion in the final rule, the court found the EEOC implicated the “major questions” doctrine which applies when an agency asserts highly consequential power beyond what Congress could reasonably have granted. The court did not go so far as to limit an employer voluntarily complying with the final rule as it relates to elective abortions.

 

The preliminary injunction is limited in its scope to the States of Louisiana and Mississippi and its agencies and any covered entity under the final rule whose employees’ “primary duty station” is in Louisiana or Mississippi, as well as the church plaintiffs. This ruling is expected to be further appealed so employers should continue to monitor the case for updates.

 

Action Items

  1. Consult with legal counsel on the application of the ruling and continuing developments.

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase