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Miami Herald
4 days ago
- Politics
- Miami Herald
Trump administration tells state regulators it won't back some discrimination claims
The Trump administration is making it harder for state and local agencies to enforce certain workplace discrimination laws, another step in its efforts to strip away long-standing civil rights protections for minority groups. The Equal Employment Opportunity Commission, the nation's primary regulator of workplace discrimination, pays state and local civil rights agencies to process and investigate many discrimination claims under work-sharing agreements. But in a memo sent to those agencies last week, the EEOC said it would stop paying them for claims involving transgender workers or those based on what is known as disparate impact, which relies on statistical outcomes to prove discrimination. The memo, which was viewed by The New York Times, said the policy was retroactive to Jan. 20, when Trump took office. That loss of federal resources will make it harder for state and local agencies to investigate these claims. Legal experts say the policy is likely to be challenged in courts and fits into the Trump administration's efforts to chip away at civil rights law. 'They are consistently eroding the protections from the 1964 Civil Rights Act and other foundational civil rights laws in this country and undermining the rights of particular communities,' said Maya Raghu, a director at the Lawyers' Committee for Civil Rights Under Law, an advocacy group. The EEOC declined to comment on the memo, which was dated May 20. While presidents do not have the authority to unilaterally change civil rights law, the Trump administration has used executive orders to chart a new path on enforcement. The memo to state and local agencies said the directive was consistent with two of Trump's executive orders -- one that asserted that the federal government recognizes only two sexes, male and female; and another that ordered federal agencies to halt their use of 'disparate-impact liability.' In workplace discrimination cases, disparate-impact tests are used to determine whether an employer's policy that appears neutral on its face disadvantages a particular group of people. Legal experts say the test is one of the most critical tools for prosecuting civil rights discrimination. 'Disparate-impact theory is a really important mechanism for rooting out discrimination and inequality,' said Stacy Hawkins, a professor at Rutgers Law School who specializes in employment law. The EEOC has emerged as a key enforcer of President Donald Trump's agenda. Under Andrea Lucas, the acting chair appointed by Trump, the agency has already dismissed discrimination cases it previously filed on behalf of transgender employees, and it has investigated law firms for their diversity, equity and inclusion policies. The EEOC allocated $31.5 million to state and local civil rights agencies last year. Those agencies help process about two-thirds of the tens of thousands of discrimination claims the EEOC receives each year. State and city agencies are still required by local laws to enforce claims based on transgender discrimination or disparate impact, but for those that rely on the EEOC for much of their budgets, the policy change will hinder their ability to fully process or investigate these claims. The Maine Human Rights Commission, for example, receives nearly a third of its funding from the EEOC, according to a spokesperson. For bigger states, the percentage of funding tends to be smaller. New York and California receive roughly 5% of their funding from the EEOC, according to officials from those states' agencies. 'We are deeply disappointed that the EEOC has decided that it will no longer support investigations of claims involving discrimination based on gender-identity and disparate-impact discrimination,' New Jersey Attorney General Matt Platkin, a Democrat, said in an emailed statement. The EEOC, established by the Civil Rights Act of 1964 to enforce anti-discrimination laws, has a long history of bringing claims based on disparate impact, even under the first Trump administration. In 2018, the agency secured a $3.2 million settlement from the railroad company CSX Transportation over strength tests it required as part of its job applications, which the agency said ended up disproportionately excluding women, a protected class under civil rights law. In 2012, the EEOC began processing complaints of gender-identity and sexual orientation discrimination. In 2020, the Supreme Court ruled that gay and transgender employees were protected against discrimination under the landmark civil rights law. Since that ruling, the agency has processed thousands of such cases, including 3,000 last year. Because of the agency's new policy, the number of such cases that lead to investigations is likely to plummet. Jocelyn Samuels, a Democratic commissioner at the agency until Trump fired her a few days into his second term, said she worried that the EEOC's memo signaled to state and local agencies that they should prioritize the president's executive orders over the Civil Rights Act. The result may lead local agencies 'to de-emphasize or ignore' cases claiming gender-identity or disparate-impact discrimination. Such an outcome, Samuels added, would deprive people of the 'tools that the government can bring to bear in enforcing the law and vindicating their rights.' This article originally appeared in The New York Times. Copyright 2025
Yahoo
23-05-2025
- Health
- Yahoo
Federal judge rules workplace abortion accommodations should be overturned
Sofia Resnick/States Newsroom A federal judge ruled this week that language accommodating abortion must be removed from the Pregnant Workers Fairness Act. On Wednesday, U.S. District Judge David Joseph in the Western District of Louisiana, Lake Charles division, ordered the Equal Employment Opportunity Commission to rewrite employer guidelines in a pregnant workers protection law, according to court documents. The statute requires employers with 15 or more staff to provide reasonable accommodations — think time off for appointments, additional rest breaks, a stool to sit on while working — for pregnancy, childbirth or related conditions, as long as the requests don't place 'undue hardship' on the company or organization. Joseph, who Republican President Donald Trump appointed during his first term. He ruled that former Democratic President Joe Biden's administration exceeded its authority by including abortion in rules finalized last year. '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,' said Inimai Chettiar, the president of paid leave advocacy group A Better Balance, in a statement. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The ruling is a victory for state officials in Louisiana, Mississippi and a group of Catholic Church sued the EEOC over the inclusion of abortion in the guidelines, which the agency released in April 2024 following a lengthy public comment process, Illuminator reported. Roughly 54,000 Americans said abortion should be excluded from the definition of 'pregnancy, childbirth or related medical conditions,' while some 40,000 said pregnancy termination should be included. Lawyers for the states — both have near-total abortion bans — argued the rule doesn't align with the Dobbs v. Women's Health Organization decision from the U.S. Supreme Court, while Catholic groups said the abortion provision violates freedom of religion. 'This is a win for Louisiana and for life,' Republican Attorney General Liz Murrill said on social media. Several other lawsuits against the law are in play. A federal judge ruled in April that a separate group of Catholic employers do not have to protect their employees' access to abortion and fertility treatments, North Dakota Monitor reported. In February, another judge ruled that a lawsuit filed by 17 GOP attorneys general against the EEOC over abortion accommodations in the workplace can move forward, according to The Associated Press. And the Texas government and its agencies don't have to comply with any part of the Pregnant Workers Fairness Act. A judge temporarily blocked the law's enforcement in February 2024 after the attorney general argued it was unconstitutionally passed in December 2022 by proxy vote, The Texas Tribune reported.
Epoch Times
22-05-2025
- Business
- Epoch Times
Judge Strikes Federal Rule Requiring Employers to Accommodate Employee Abortions
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
Yahoo
21-05-2025
- Politics
- Yahoo
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
21-05-2025
- Health
Judge vacates federal rules requiring employers to provide accommodations for abortions
NEW YORK -- 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.' "The EEOC has exceeded its statutory authority to implement the PWFA and, in doing so, both unlawfully expropriated the authority of Congress and encroached upon the sovereignty of the Plaintiff States under basic principles of federalism," Joseph wrote. Mississippi and Louisiana have near-total bans on abortion, except to save the life of the pregnant person or in cases of 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 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. The Pregnant Workers Workers Act requires employers to provide 'reasonable accommodations' for conditions related to pregnancy and childbirth, from time off for medical appointments to exemption for heavy-lifting, and places the burden on employers to prove 'undue hardships' for denying any requests. 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. In his ruling, 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 workers 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. 'A Better Balance is working around the clock to defend this law that we fought so hard to pass. We won't stand by as these vital protections for women and all pregnant people are undermined,' Chettiar added. 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.
