Judge Strikes Federal Rule Requiring Employers to Accommodate Employee Abortions

The Equal Employment Opportunity Commission exceeded its authority, the judge concluded.

Mississippi Attorney General Lynn Fitch, who challenged the rule in court, in an undated file photograph. Courtesy of Lynn Fitch

A federal rule that required employers to give workers time off and other accommodations for abortions is illegal, a judge ruled on May 21.

The Equal Employment Opportunity Commission (EEOC) went beyond a law crafted by Congress—the Pregnant Workers Fairness Act (PWFA)—when it issued a rule in 2024 interpreting the law as requiring employers to provide accommodations for workers seeking abortions, U.S. District Judge David Joseph said in a 40-page ruling.