reproductive justice
Biden Admin Unveils New Rules Protecting Workers Who Get Abortion Care
"With these final rules, we have achieved a huge step forward for women's economic security, maternal health, and the economy as a whole," said one advocate.
Reproductive justice advocates on Monday applauded the Biden administration's "groundbreaking" new workplace protections for pregnant people, including requirements that most employers provide workers with time off for a range of pregnancy-related reasons—including, over the objections of right-wing lawmakers, abortion care.
The Equal Employment Opportunity Commission (EEOC) issued a final rule and guidance for employers, clarifying that under the Pregnant Workers Fairness Act (PWFA), companies with 15 or more employees must accommodate a worker's needs if they request time off for "pregnancy, childbirth, or related medical conditions" including prenatal doctor's appointments, childbirth recovery, postpartum depression, miscarriage, and abortion.
The guidance also details the wide array of accommodations pregnant workers can request under the law, including exemptions from heavy lifting and scheduling changes for people who suffer from pregnancy symptoms like nausea or morning sickness.
The PWFA was passed in December 2022 and went into effect several months later, but the EEOC's newly finalized regulations detail how the law must be enforced, including in states with abortion bans and restrictions.
The commission has spent the last four months sorting through tens of thousands of public comments on the proposed regulations, including those from reproductive rights groups which urged the EEOC to explicitly include protections for people who seek abortion care—and forced pregnancy proponents to objected to the provisions.
Under the final rules, employers are required to provide time off for workers who ask for it to obtain an abortion locally or who need to travel out of state for care. The regulations include strong restrictions against retaliating against workers for taking time off for any pregnancy-related reason.
"This rulemaking does not require abortions or affect the availability of abortion; it simply ensures that employees who choose to have (or not to have) an abortion are able to continue participating in the workforce, by seeking reasonable accommodations from covered employers, as needed and absent undue hardship," the regulation states.
In its comment submitted to the EEOC about its draft rule before the final regulations were announced, the ACLU thanked the agency for "recognizing that abortion has for decades been approved under the law as a 'related medical condition' to pregnancy that entitles workers to reasonable accommodations, including time off to obtain abortion care."
Employers will not be required to pay for workers' medical care or travel, and the time off can be paid or unpaid.
But advocates said the protections will make a particular impact on low-wage workers, many of whom are not eligible for the Family and Medical Leave Act, which only requires 12 weeks of unpaid time off for workplaces with 50 or more employees.
Before the PWFA was passed in 2022, 1 in 4 new mothers returned to work within two weeks of giving birth.
The national group Reproductive Freedom for All said the new rules will help ensure "that reproductive freedom is a reality for all pregnant workers."
The EEOC's effort to finalize the regulations has sparked anger among Republicans including Sen. Bill Cassidy (R-La.), who called the inclusion of abortion in the rules "shocking and illegal."
But Dr. Verda Hicks, president of the American College of Obstetricians and Gynecologists (ACOG), said the regulations are an "acknowledgment of people's complex needs during and after pregnancy."
"Families should have peace of mind that they won't face financial hardship due to pregnancy-related job loss, and workers who are pregnant should not have to fear compromising their own health and well-being to maintain their employment," said Hicks. "Pregnancy is physiologically demanding and many of the medical conditions related to pregnancy necessitate reasonable accommodations for people after their pregnancy has ended."
Dina Bakst, co-president of A Better Balance: The Work and Family Legal Center, said the new regulations "appropriately recognize the broad scope of the Pregnant Workers Fairness Act and ensure millions of workers, especially women in low-wage and physically demanding jobs, can access the vital accommodations they need during pregnancy and after childbirth."
"Today with these final rules, we have achieved a huge step forward for women's economic security, maternal health, and the economy as a whole," said Bakst, who has lobbied for years for pregnancy workplace protections. "The Pregnant Workers Fairness Act is a life-changing protection for pregnant and postpartum workers nationwide, ensuring they aren't forced off the job or denied the accommodations they need for their health."
Over-the-Counter Birth Control a Step Forward, But What About the Abortion Pill?
The approval of over-the-counter birth control is a landmark victory for reproductive rights advocates, but true bodily autonomy can only be achieved when individuals have unimpeded access to the full spectrum of reproductive healthcare, including abortion care.
In recent years, there has been a monumental shift in access to reproductive healthcare, marked by the availability of the first over-the-counter birth control at pharmacies, convenient stores, and grocery stores: Opill. This significant milestone has empowered individuals to take control of their reproductive health like never before. However, as we celebrate this progress, it's crucial to recognize that there's still much work to be done, particularly concerning the accessibility of abortion pills.
The approval of over-the-counter birth control is a landmark victory for reproductive rights advocates. It signifies a departure from antiquated regulations and underscores the importance of ensuring equitable access to contraception. By eliminating the need for a prescription, individuals are granted greater autonomy over their reproductive choices, which is a fundamental aspect of bodily autonomy and gender equity.
As we reflect on the progress made in reproductive healthcare access, we must remain steadfast in our commitment to advancing reproductive justice for all.
Yet, while over-the-counter birth control represents a significant step forward, it also serves as a stark reminder of the glaring disparities in reproductive healthcare access. Despite its efficacy and safety, the abortion pill remains inaccessible to many individuals due to restrictive regulations and bans. Mifepristone, one of the two medications used in medication abortion, has been proven to be safer than commonly available drugs like Tylenol, Penicillin and Viagra. However, its distribution is heavily regulated, placing unnecessary barriers in the path of those seeking abortion care with a medication that has been approved by the FDA and known to be safe and effective for over 20 years. In the meantime, Walgreens and CVS have begun steps to stock and prescribe Mifepristone at many of their locations in states where abortion is legal.
Currently, the Supreme Court of the United States (SCOTUS) faces a pivotal decision regarding the accessibility of the abortion pill. The question at hand is whether Mifepristone can continue to be prescribed and mailed to individuals in the same manner as other medications. This decision holds immense implications for reproductive rights, particularly for marginalized communities who already face significant challenges in accessing healthcare services.
If SCOTUS decides in favor of allowing continued access to abortion pills by mail, it would represent a monumental victory for reproductive justice. It would signify a recognition of the importance of protecting equitable access to abortion care, regardless of one's geographic location or socioeconomic status. However, failure to do so would only exacerbate existing disparities, disproportionately affecting marginalized communities who often lack access to abortion clinics.
In this critical moment, organizations like the Women's Reproductive Rights Assistance Program (WRRAP) play a crucial role in bridging the gap in access to abortion care. Since April 2022, WRRAP has been funding access to the abortion pill by mail, providing crucial support to individuals in need. Our success rate speaks volumes about the effectiveness of this approach, demonstrating that it is not only safe but also incredibly impactful in expanding access to abortion care.
As we reflect on the progress made in reproductive healthcare access, we must remain steadfast in our commitment to advancing reproductive justice for all. Over-the-counter birth control is undoubtedly a significant achievement, but it cannot be the end goal. True bodily autonomy can only be achieved when individuals have unimpeded access to the full spectrum of reproductive healthcare, including abortion care.
It's time for SCOTUS to recognize the importance of protecting access to the abortion pill and take a meaningful step towards ensuring equitable access to abortion care for all.Championing Reproductive Justice for Equity, Diversity, and Inclusion
As we celebrate Women's History Month and honor the women who advocate for equity, diversity, and inclusion, let us reaffirm our commitment to reproductive justice as a fundamental human right.
As we celebrate Women's History Month, focused this year on "Women Who Advocate for Equity, Diversity, and Inclusion," we pay tribute to the remarkable and courageous women who have tirelessly advocated for equity, diversity, and inclusion in all facets of society.
Among these champions are those who have dedicated their efforts to advancing reproductive justice, recognizing its pivotal role in achieving genuine equality and empowerment for women. At the forefront of this movement stand abortion funds such as the Women's Reproductive Rights Assistance Project (WRRAP), whose work epitomizes the intersectionality of reproductive justice with broader struggles for social justice.
Equity in reproductive justice entails ensuring that all individuals have the resources, support, and autonomy to make informed decisions about their reproductive health, regardless of their socioeconomic status, race, ethnicity, or other identities. Unfortunately, systemic inequalities often deprive marginalized communities of access to essential reproductive healthcare services, perpetuating cycles of oppression and injustice. Amidst the onslaught of abortion bans sweeping across various states, particularly impacting marginalized communities, abortion funds like WRRAP that provide unwavering commitment and financial assistance for emergency contraception and abortion services becomes even more critical. These bans disproportionately affect low-income individuals and people of color, exacerbating existing disparities in access to reproductive healthcare and perpetuating harmful narratives that undermine bodily autonomy.
Women who advocate for reproductive justice embody this intersectional approach, leveraging their diverse backgrounds and experiences to challenge systemic injustices and advance the rights of marginalized communities.
Diversity within the realm of reproductive justice acknowledges the unique experiences and needs of individuals from various backgrounds. It emphasizes the importance of intersectionality, recognizing that factors such as race, class, gender identity, sexual orientation, and disability intersect to shape individuals' reproductive experiences and access to care. In the context of Black maternal mortality rates, which are shockingly higher compared to their white counterparts, inclusive advocacy efforts must center the voices and experiences of Black women. Systemic racism within the healthcare system contributes significantly to this disparity, with Black women facing discrimination, lack of access to quality care, and bias during pregnancy and childbirth. Holistic approaches to reproductive justice, like WRAPP's, reflect this commitment to diversity by advocating for policies and services that address the specific needs and challenges faced by communities of color, including initiatives to reduce Black maternal mortality rates and improve access to prenatal and postpartum care.
Inclusion lies at the heart of reproductive justice, emphasizing the importance of creating environments where everyone feels valued, respected, and empowered to participate fully in decision-making processes. Achieving genuine inclusion requires dismantling systemic barriers and challenging oppressive norms that marginalize certain groups within society. Women with disabilities, for example, often encounter inaccessible healthcare facilities and discriminatory attitudes that undermine their autonomy. In the face of such challenges, it is critical to promote inclusion by advocating for accessible and culturally competent reproductive healthcare services, ensuring that all individuals, regardless of their ability, feel welcomed and supported in exercising their reproductive rights.
The intersectionality of equity, diversity, and inclusion in reproductive justice underscores the interconnected nature of social justice struggles. Women's reproductive experiences cannot be divorced from broader systems of power and oppression, which intersect along multiple axes of identity. Recognizing and addressing these intersecting inequalities is essential for building a more just and equitable society where all individuals can thrive. Women who advocate for reproductive justice embody this intersectional approach, leveraging their diverse backgrounds and experiences to challenge systemic injustices and advance the rights of marginalized communities.
As we celebrate Women's History Month and honor the women who advocate for equity, diversity, and inclusion, let us reaffirm our commitment to reproductive justice as a fundamental human right. By supporting organizations like WRRAP and amplifying the voices of those most impacted by reproductive inequalities, we can create a future where every individual has the freedom to make decisions about their own bodies, families, and futures.