A federal district court has permanently enjoined the Equal Employment Opportunity Commission from enforcing provisions of its Pregnant Workers Fairness Act regulations related to elective abortions or infertility treatments. However, the injunction will have little effect on private-sector employers.
The permanent injunction, issued by the U.S. District Court for the District of North Dakota, applies to the Catholic Benefits Association (CBA) and its members. Therefore, the PWFA regulations remain enforceable against all private-sector employers who do not belong to the CBA.
Several lawsuits are challenging the PWFA regulations to the extent that they require accommodation for elective abortions, but this case is the first to result in a permanent injunction. The government could appeal this decision, but since Acting EEOC Chair Andrea Lucas is on the record opposing the broad scope of the PWFA regulations, it would not be surprising if the government simply accepts the court’s judgment or reaches a settlement.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.