An unsettling and dangerous trend has emerged where many major corporations are exerting pressure on pregnant employees to opt for abortions instead of utilizing maternity leave. Disturbingly, the Biden administration has chosen not to enforce federal laws that safeguard the rights and well-being of pregnant women within the workplace.
“U.S. Senator Bill Cassidy, M.D. (R-LA), ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, is seeking answers from the Equal Employment Opportunity Commission (EEOC) on its failure to propose rules on worker accommodations as required by the Pregnant Workers Fairness Act (PWFA),” a statement from the committee announces.
“Cassidy was the lead Republican cosponsor of PWFA, which allowed access to reasonable workplace accommodations for pregnant workers or those affected with medical conditions related to childbirth,” the statement notes.
“The legislation was passed and signed into law last year as part of the Consolidated Appropriations Act of 2023 and the EEOC has indicated that it will begin adjudicating cases under the PWFA on June 27th,” the committee adds, noting it requires EEOC to “issue rules . . . including providing examples of reasonable accommodations addressing known limitations relating to pregnancy, childbirth, or related medical conditions.” Additionally, under the Administrative Procedure Act (APA), federal agencies must allow stakeholders to offer public comment on all proposed rules.
“The rulemaking requirements under the APA are not advisory,” writes Cassidy.
“They are designed to preserve and enshrine the procedural due process rights of stakeholders by providing stakeholders notice of proposed binding legal obligations and the ability to comment on enforcement policy affecting their liberty interests,” Cassidy adds.
“As the lead Republican sponsor of the PWFA, I care deeply about this law being implemented properly to ensure that pregnant women have the workplace accommodations they need,” continued Cassidy.
“However, to date, the Commission has not issued a Notice of Proposed Rulemaking (NPRM) to give stakeholders notice of a rule or the opportunity to provide feedback on a proposed rule, despite its intent to begin adjudicating cases later this month,” the committee notes.
The Biden administration’s failure to enforce the PWFA comes after the United States Supreme Court in June 2022 overturned its ruling in 1973’s Roe v. Wade, and allowed states to regulate or restrict abortion.
In response many corporations announced they would pay for female employee’s abortions or travel costs to seek abortions. Critics noted that corporations could save money by pushing employees to abort children rather than pay out maternity leave.
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