The commission said the rule change is part of its effort to “carry out the law” in accordance with the PWFA, which was passed in 2022.
The 19th, a pro-abortion nonprofit, celebrated the rule change, saying that, “at a minimum,” it means employers must provide unpaid time off for abortion.
After first announcing the planned change in the Federal Register in August 2023, the commission allowed 60 days for public comment. During that time the commission received 54,000 comments against the inclusion of abortion and 40,000 in support.
Despite the 54,000 comments against it, the EEOC said it would move forward with the rule change. The commission said that though it “recognizes these are sincere, deeply held convictions and are often part of an individual’s religious beliefs,” it believes that the decision to include abortion is “consistent with the plain language of the statute, congressional intent, and federal courts’ interpretation of the statutory text.”
“The commission agrees with comments expressing support for inclusion of abortion in the proposed definition of ‘pregnancy, childbirth, or related medical conditions’ for which a qualified employee could receive an accommodation, absent undue hardship,” the EEOC said.
EEOC Commissioner Kalpana Kotagal said the change is consistent with the PWFA and “advances the promise that pregnant and postpartum workers should not have to choose between their health and a paycheck.”
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