Abortion Inclusion in Pregnancy Rules Leaves EEOC Open to Suits

New Equal Employment Opportunity Commission rules that include abortion as a pregnancy-related medical condition position the civil rights agency for legal battles on employers’ religious rights and the scope of its own rulemaking authority.

The EEOC’s final regulations on the Pregnant Workers Fairness Act left in place a controversial definition of “related medical conditions” that drew backlash from employer groups and conservative lawmakers when it was initially proposed in August.

By including abortion with pregnancy, childbirth, lactation, miscarriage and other conditions that can trigger job accommodation rights, critics said the agency broadened the reach of the PWFA beyond Congress’ intent. ...