Biden Administration Won This Battle — Smuggled Abortion into Bipartisan Pregnancy Fairness Law

A U.S. Equal Employment Opportunity Commission (EEOC) rule that requires employers to make reasonable accommodations for pregnant employees who want to kill their unborn babies is final.

Congress approved a bipartisan law in 2022 called the Pregnant Workers Fairness Act (PDF), which requires employers to reasonably accommodate an employee’s pregnancy, childbirth, or related medical conditions.

The Biden administration, smarting from the U.S. Supreme Court’s ruling that the U.S. Constitution does not grant women a right of privacy to kill their unborn babies, proposed a rule to add abortion as one of the related medical conditions.

The EEOC under Biden hijacked the bipartisan legislation.

Alliance Defending Freedom (ADF) submitted a comment (PDF) during the open comment period last year asking the EEOC to withdraw the rule.

ADF wrote that Congress had taken “a transformational, pro-life step to ensure employer support for pregnant women and unborn children” when it passed the Pregnant Workers Protection Act. But the EEOC’s new rule “introduces serious uncertainties and threatens to prevent employers from fully and unconditionally supporting pregnant women and new life.”

Among other things, ADF wanted the EEOC to clarify whether the new rule would prohibit a pro-woman, pro-life work culture.

The ADF issued a statement on Monday about the rule’s finalization.

“This rule is just the latest example of the Biden administration abusing its power to advance abortion,” attorney Julie Marie Blake said. “The new rule seeks to punish the speech of pro-life employers and restrict their hiring practices. The Biden administration and the EEOC don’t have the legal authority to smuggle this illegitimate rule into a law that was created to protect and support women and that had nothing to do with abortion.”

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