Judge vacates federal rules requiring employers to provide accommodations for abortions
NEW YORK (AP) — A federal judge on Wednesday struck down regulations requiring most U.S. employers to provide workers with time off and other accommodations for abortions.
The ruling by U.S. District Judge David Joseph of the Western District of Louisiana was a victory for conservative lawmakers and religious groups who decried the Equal Employment Opportunity Commission's decision to include abortion among pregnancy-related conditions in regulations on how to implement the Pregnant Workers Fairness Act, which passed in December 2022.
The EEOC's decision swiftly prompted several lawsuits and eroded what had been strong bipartisan support for the law designed to strengthen the rights of pregnant workers.
Joseph, who was appointed by President Donald Trump during his first term, ruled that the EEOC exceeded its authority by including abortion in its regulations. His ruling came in two consolidated lawsuits brought by the attorneys general of Louisiana and Mississippi, and the U.S. Conference of Catholic Bishops, Catholic University and two Catholic dioceses.
Joseph sided with the plaintiffs' argument that if Congress had intended for abortion to be covered by the Pregnant Workers Fairness Act, 'it would have spoken clearly when enacting the statute, particularly given the enormous social, religious, and political importance of the abortion issue in our nation at this time.'
Mississippi and Louisiana have near-total bans on abortion, except to save the life of the pregnant person or in cases of a rape that has been reported to law enforcement in Mississippi, and when there is a substantial risk of death or impairment to the patient in continuing the pregnancy and in cases where the fetus has a fatal abnormality in Louisiana.
The Pregnant Workers Fairness Act passed with widespread bipartisan support after a decade-long campaign by women's right advocates, who hailed it as a win for low-wage pregnant workers who have routinely been denied accommodations for everything from time off for medical appointments to the ability to sit or stand on the job.
The federal law applies to employers with 15 or more employees.
While the Pregnancy Discrimination Act of 1978 prohibits employers from firing pregnant workers, the law did little to guarantee that women would receive accommodations they might need at work. As a result, many women were forced to keep working under unsafe conditions, or were forced to take unpaid leave by employers who refused to accommodate their needs.
But many Republican lawmakers, including Louisiana Sen. Bill Cassidy, who co-sponsored the bill, were furious when the EEOC stated that the law covered abortions. The EEOC's commissioners approved the rules in a 3-2 vote along party lines, with both Republican commissioners voting against it.
Joseph vacated the provision of the EEOC regulations that included abortion as a 'related medical condition' of pregnancy and childbirth. However, the rest of the regulations still stand.
'Victory! A federal court has granted Louisiana's request to strike down an EEOC rule requiring employers to accommodate employees' purely elective abortions. This is a win for Louisiana and for life!' Louisiana Attorney General Liz Murrill said in a statement e-mailed to The Associated Press.
A Better Balance, the advocacy group that spearheaded a decade-long campaign for passage of the law, condemned the ruling.
'This court's decision to deny workers reasonable accommodations for abortion-related needs is part of a broader attack on women's rights and reproductive freedom,' A Better Balance President Inimai Chettiar said in a statement.
Wednesday's ruling comes as the Trump administration has moved to impose tumultuous changes at the EEOC that will almost certainly lead the agency to eventually rewrite the Pregnant Workers Fairness Act regulations.
Trump fired two of the EEOC's democratic commissioners before their terms ended, paving the way for him to establish a Republican majority and make major policy changes on how to interpret and enforce the nation's workplace civil rights laws.
For now, Trump's move left EEOC without the quorum needed to make key decisions, including rescinding or revising regulations. Trump tapped an assistant U.S. attorney in Florida, Brittany Panuccio, to fill one of the vacancies. If she confirmed by the Senate, the EEOC will regain its quorum.
Acting EEOC Chair Andrea Lucas, who voted against the regulations because of the abortion provision, has said she will work to change them.
Similar lawsuits challenging the abortion provision are underway, including one filed by 17 states, led by Tennessee and Arkansas. In February, an appeals court ruled that lawsuit could proceed, overturning a lower court's decision to dismiss the complaint.
Under former President Joe Biden, the Justice Department had defended the EEOC against those lawsuits but it is unclear whether it will continue to do so under the Trump administration. The Justice Department did not reply to request for comment on Wednesday's ruling.
Chettiar said the Trump administration is unlikely to appeal the ruling, adding to its significance.
"The impact of this is huge,' Chettiar said in an interview with The Associated Press, calling the decision 'symbolic and a big signal of where the right is when it comes to the rights of women.'
However, the Trump administration has continued defend the Pregnant Workers Fairness Act itself in a lawsuit brought by the state of Texas that seeks to overturn the law in its entirety.
_______
The Associated Press' women in the workforce and state government coverage receives financial support from Pivotal Ventures. AP is solely responsible for all content. Find AP's standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.
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The Hill
29 minutes ago
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Mexico's first judicial elections are marked by low turnout, confusion and disillusionment
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San Francisco Chronicle
33 minutes ago
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Mexico's first judicial elections are marked by low turnout, confusion and disillusionment
MEXICO CITY (AP) — Mexico held its first-ever judicial elections Sunday, stirring controversy and sowing confusion among voters who struggled to understand a process set to transform the country's court system. Polls closed and poll workers began counting colored ballots Sunday night with the question hanging in the air of what will become of Mexico's judiciary, the answer to which will only emerge in the coming days as results roll in. Mexico's electoral authority announced late in the night that 13% of Mexico's 100 million voters cast ballots at the polls, lagging far behind the 60% turnout just a year before during the country's presidential election. Nevertheless, Mexican President Claudia Sheinbaum called the voting 'a complete success." 'Mexico is the most democratic country in the world,' she added. Experts warned of startling low turnout in the lead up to the historic elections due to the mindboggling array of unfamiliar choices and the novelty of voting for judges. 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'I wanted to participate in this historic election,' he said. 'Never in the history of our country … have the people decided and had the right to elect judges.' Democratic concerns The process has raised concerns. Civil society organizations like Defensorxs have raised red flags about a range of candidates running for election, including lawyers who represented some of Mexico's most feared cartel leaders and local officials who were forced to resign from their positions due to corruption scandals. Also among those putting themselves forward are ex-convicts imprisoned for years for drug trafficking to the United States and a slate of candidates with ties to a religious group whose spiritual leader is behind bars in California after pleading guilty to sexually abusing minors. Others like Martha Tamayo, a lawyer and former congresswoman from conflict-ravaged Sinaloa, cast doubt on projections that the election could hand even more power over to criminals and criminal groups, simply because they already have a strong control over courts. 'The influence of criminal groups already exists,' she said. 'The cartels go with the judges (bribe them) whether they are elected or not.' 'You have to start with something' The public has been plagued by confusion over a voting process that Patin warned has been hastily thrown together. Voters often have to choose from more than a hundred candidates who are not permitted to clearly voice their party affiliation or carry out widespread campaigning. As a result, many Mexicans said they were going into the vote blind, though others voting Sunday noted they supported the process despite the confusion. Mexico's electoral authority has investigated voter guides being handed out across the country, in what critics say is a blatant move by political parties to stack the vote in their favor. 'Political parties weren't just going to sit with their arms crossed,' Patin said. While still unsure if his vote would improve access to justice for many Mexicans, 61-year-old actor Manuel José Contreras defended the election, Sheinbaum and her party. He cast his ballot with a tone of hope. 'The reform has its problems but we needed an urgent change,' he said. 'You have to start with something.'
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33 minutes ago
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Mexico's first judicial elections are marked by low turnout, confusion and disillusionment
MEXICO CITY (AP) — Mexico held its first-ever judicial elections Sunday, stirring controversy and sowing confusion among voters who struggled to understand a process set to transform the country's court system. Polls closed and poll workers began counting colored ballots Sunday night with the question hanging in the air of what will become of Mexico's judiciary, the answer to which will only emerge in the coming days as results roll in. Mexico's electoral authority announced late in the night that 13% of Mexico's 100 million voters cast ballots at the polls, lagging far behind the 60% turnout just a year before during the country's presidential election. Nevertheless, Mexican President Claudia Sheinbaum called the voting 'a complete success.' 'Mexico is the most democratic country in the world,' she added. Experts warned of startling low turnout in the lead up to the historic elections due to the mindboggling array of unfamiliar choices and the novelty of voting for judges. Experts say those factors may throw into question the legitimacy of the election, which has faced months of fierce scrutiny. Sheinbaum, a member of Mexico's ruling party, Morena, rejected the criticisms and insisted the election would only only make Mexico more democratic and root out corruption in a system that most people in the country believe is broken. 'Whoever says that there is authoritarianism in Mexico is lying,' she said. 'Mexico is a country that is only becoming more free, just and democratic because that is the will of the people.' While some voters said they felt pushed to vote in an election they felt would determine the fate of the country's democracy, many more expressed a deep sense of apathy, citing disillusionment due to decades of corruption and lack of basic information about the vote. 'I'm not interested (in voting). Parties and their messages — they come and they go. 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Mexicans head to the polls Some of the country's voting centers opened with only a trickle of people and small lines forming throughout the day. Esteban Hernández, a 31-year-old veterinary student, said he didn't agree with electing judges and doesn't support Morena, but came to vote because 'since there isn't much participation, my vote will count more.' He had studied the candidates on a website listing their qualifications and decided to pick those who had doctorates. Other critics said they only voted for the Supreme Court and other top courts. Francisco Torres de León, a 62-year-old retired teacher in southern Mexico, called the process 'painstaking because there are too many candidates and positions that they're going to fill.' Sheinbaum's predecessor and political mentor, former President Andrés Manuel López Obrador, who had pushed through the judicial reform but remained out of the public eye since leaving office last year, voted in Chiapas near his ranch. 'I wanted to participate in this historic election,' he said. 'Never in the history of our country … have the people decided and had the right to elect judges.' Democratic concerns The process has raised concerns. Civil society organizations like Defensorxs have raised red flags about a range of candidates running for election, including lawyers who represented some of Mexico's most feared cartel leaders and local officials who were forced to resign from their positions due to corruption scandals. Also among those putting themselves forward are ex-convicts imprisoned for years for drug trafficking to the United States and a slate of candidates with ties to a religious group whose spiritual leader is behind bars in California after pleading guilty to sexually abusing minors. Others like Martha Tamayo, a lawyer and former congresswoman from conflict-ravaged Sinaloa, cast doubt on projections that the election could hand even more power over to criminals and criminal groups, simply because they already have a strong control over courts. 'The influence of criminal groups already exists,' she said. 'The cartels go with the judges (bribe them) whether they are elected or not.' 'You have to start with something' The public has been plagued by confusion over a voting process that Patin warned has been hastily thrown together. Voters often have to choose from more than a hundred candidates who are not permitted to clearly voice their party affiliation or carry out widespread campaigning. As a result, many Mexicans said they were going into the vote blind, though others voting Sunday noted they supported the process despite the confusion. Mexico's electoral authority has investigated voter guides being handed out across the country, in what critics say is a blatant move by political parties to stack the vote in their favor. 'Political parties weren't just going to sit with their arms crossed,' Patin said. While still unsure if his vote would improve access to justice for many Mexicans, 61-year-old actor Manuel José Contreras defended the election, Sheinbaum and her party. He cast his ballot with a tone of hope. 'The reform has its problems but we needed an urgent change,' he said. 'You have to start with something.' ___ AP journalists in Mexico Edgar H. Clemente in Tapachula, Alba Aléman in Xalapa and Fernando Llano in Mexico City contributed to this report. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . 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