HONOLULU (KHON2) — Attorney General Anne Lopez recently teamed up with 23 other attorneys general to support a proposed rule from the Equal Employment Opportunity Commission that puts into action the Pregnant Workers Fairness Act of 2022.
Now, the PWFA is no small deal — it’s a big federal law that says employers have to make reasonable adjustments for pregnant and postpartum employees.
The EEOC’s rule would make it mandatory for employers to accommodate a wide range of pregnancy and childbirth-related conditions, including situations where an employee decides to end a pregnancy.
The attorneys general, including Hawaii Solicitor General Kalikoʻonālani D. Fernandes, made their stance clear by filing an amicus brief in the U.S. District Court for the Eastern District of Arkansas.
They’re standing against a lawsuit that wants to block the EEOC’s rule from taking effect.
“The Pregnant Workers Fairness Act is a landmark federal civil rights statute that protects pregnant and postpartum workers, and the EEOC rule at issue in this case will play an important role in realizing these goals. The Department of the Attorney General is proud to defend these important protections in court.”
Kalikoʻonālani D. Fernandes
The PWFA, which became law in 2022, is a big step forward. It’s the first federal law that tells employers they have to give pregnant and postpartum workers reasonable accommodations—like extra breaks or time off for doctor’s visits—to keep them healthy.
Before this law, there were different rules that didn’t do enough to protect pregnant or postpartum workers, especially those who were low-income or people of color.
Now, fast forward to August 2023, when the EEOC put forward a rule to implement the PWFA.
Among other things, it said employers had to make accommodations for workers who needed time off for medical appointments or recovery after ending a pregnancy, whether it was through abortion, miscarriage, or stillbirth.
Then came April 2024, and other states, led by Tennessee, decided to sue the EEOC over this rule.
They argued against the part of the rule that deals with accommodations for abortion care and wanted to stop it entirely from happening until the lawsuit was sorted out.
In their amicus brief, Attorney General Lopez and coalition didn’t hold back.
They stressed how important the PWFA is, highlighting how losing a job due to pregnancy discrimination can really mess up someone’s life and their family’s finances.
They also pointed out that the PWFA is crucial for protecting pregnant and postpartum workers, especially those who are low-wage earners or people of color, who are more likely to face health issues during pregnancy because of their jobs.
And it’s not just a handful of attorneys general backing Lopez up — there are some big names in there from states like California, New York, and even the District of Columbia, all joining forces to defend these rights.
A copy of the brief can be found here.