The Sconi

Attorney General Kaul Joins Coalition to Defend Protections for Pregnant Workers

MADISON, Wis. – Attorney General Josh Kaul has joined a coalition of 23 attorneys general in defending a proposed rule by the Equal Employment Opportunity Commission (EEOC) aimed at implementing the Pregnant Workers Fairness Act (PWFA) of 2022. This federal legislation mandates that employers provide reasonable accommodations for pregnant and post-partum employees.

The EEOC's rule requires employers to accommodate a wide range of conditions related to pregnancy and childbirth, including an employee’s decision to terminate a pregnancy. In an amicus brief filed in the U.S. District Court for the Eastern District of Arkansas, Attorney General Kaul and his colleagues opposed a lawsuit seeking to halt the implementation of this rule.

“Pregnant and post-partum workers shouldn’t have to choose between their jobs and doing what’s best for their health,” said AG Kaul. “The rule implementing the Pregnant Workers Fairness Act should remain in effect in full, including for workers who obtain an abortion.”

The PWFA, enacted in 2022, is the first federal law requiring employers to provide pregnant and postpartum workers with reasonable accommodations such as additional breaks or excused time off for medical appointments. Before its passage, existing laws did not adequately protect these workers, leading to potential health risks or job loss, disproportionately affecting low-income workers and workers of color.

In August 2023, the EEOC proposed a rule that included provisions for accommodating employees whose pregnancies are terminated by abortion—primarily through time off for medical appointments or recovery.

In April 2024, Tennessee led a group of states in suing the EEOC in the U.S. District Court for the Eastern District of Arkansas. The lawsuit challenges the requirement for reasonable accommodations related to abortion care and seeks to prevent the entire EEOC rule from taking effect pending litigation outcomes.

In their amicus brief, Attorney General Kaul and his coalition emphasize that job loss due to pregnancy discrimination can severely impact economic security at critical times. They argue that workplace protections under PWFA are crucial for pregnant and postpartum workers, especially those earning low wages or belonging to minority groups who face higher health risks during pregnancy due to their work conditions.

The brief also supports including termination of pregnancy—whether by miscarriage, stillbirth, or abortion—under "pregnancy, childbirth, or related medical conditions," citing decades of case law interpreting similar terms under the Pregnancy Discrimination Act as backing this interpretation.

Joining Attorney General Kaul in filing this amicus brief are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Maryland Massachusetts Michigan Minnesota Nevada New Jersey New Mexico New York North Carolina Oregon Pennsylvania Rhode Island Vermont Washington Wisconsin along with Washington D.C.