17 States Challenge Biden Rule Forcing Employers to Facilitate Abortions

Arkansas Attorney General Tim Griffin issued the following statement after co-leading, alongside Tennessee Attorney General Jonathan Skrmetti, a coalition of 17 states in suing the Equal Employment Opportunity Commission (EEOC) over its new rule mandating workplace abortion accommodations through an erroneous interpretation of the Pregnant Workers Fairness Act of 2022 (PWFA):

“This is yet another attempt by the Biden administration to force through administrative fiat what it cannot get passed through Congress. Under this radical interpretation of the PWFA, business owners will face federal lawsuits if they don’t accommodate employees’ abortions, even if those abortions are illegal under state law. The PWFA was meant to protect pregnancies, not end them.

“The new rule, passed by a bare 3-2 majority of unelected EEOC commissioners, goes beyond what Congress authorized under the PWFA.”

The PWFA fills a gap in federal law by ensuring pregnant workers receive accommodation to protect their pregnancies and unborn children. A diverse coalition of bipartisan lawmakers, business groups, and nonprofit organizations supported the pro-family aim of the 2022 legislation.

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Seventeen states have brought this lawsuit to enjoin and set aside the EEOC’s unprecedented and unlawful abortion-accommodation mandate. The states joining Arkansas and Tennessee are: Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah and West Virginia.

The lawsuit, which was filed in the Eastern District of Arkansas, can be accessed here.

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