Only women can get pregnant.

September 26, 2023

In 2022, Congress passed and the President signed into law the “Pregnant Workers Fairness Act” (PWFA). While this bill was intended to accommodate pregnant women in their places of work, the Biden Administration is taking it leaps and bounds farther by advancing radical gender and abortion ideology.

Nowhere in the PWFA does it refer to abortion.

The PWFA did however instruct the Equal Employment Opportunity Commission (EEOC) to develop a rule so businesses would know how the legislation applies to them. In response, Biden’s EEOC used this opportunity to force businesses to provide coverage for abortion travel leave.

Even the Senate Democrat lead sponsor of this legislation, Senator Bob Casey (D-PA), stated from the Senate floor that the EEOC “could not . . . issue any regulation that requires abortion leave, nor does the act permit the EEOC to require employers to provide abortion leave in violation of State law.”

But the Biden Administration wants to do it anyway.

You can let the EEOC know today that they are misinterpreting the PWFA by sending a comment through our action center.

But that’s not all. Additionally, in the proposed rule, the Biden Administration does not associate “pregnancy, childbirth or related medical conditions” with being a woman. EEOC, in fact, says explicitly that the only reason it uses “woman” is because it is quoting other sources, not because it has chosen to use that word. It is as if the administration feels the need to apologize for using the word “woman” in relation to pregnancy.

One of those pregnancy “related medical conditions” that supposedly isn’t related to being a woman? Lactation. We informed you when the Centers for Disease Control and Prevention recently released guidance . Now, the EEOC is explicitly including lactation in its proposed rule and has chosen not to relate it to women. The bottom line: it is plausible that businesses would be forced to accommodate men seeking to “chestfeed” in the workplace. This is just one example where the Biden Administration has pushed gender ideology into even well-intentioned legislation.

Only women can get pregnant and give birth. Only women can breastfeed. Businesses should not be forced to provide abortion leave.

Let the Biden Administration know that this is NOT controversial.


Ruth Ward
Director, Government Affairs

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