After Supreme Court upends decades-old Chevron decision, discrimination watchdog weighs in

(WBBM NEWSRADIO) — Days after the U.S. Supreme Court upended a 40-year-old decision to give judges — rather than federal agencies — the power to interpret vague regulations, the head of a workplace discrimination watchdog agency defended its newest protections for pregnant workers.

Since 1984, so-called “Chevron deference” has allowed federal agencies, such as the Equal Employment Opportunity Commission (EEOC), to fill in the details when laws aren’t crystal clear. The doctrine has been the basis for upholding thousands of federal regulations, but critics said it also gave too much power the executive branch.

EEOC Chair Charlotte Burrows told WBBM that the ruling does not invalidate Congress’ newly passed Pregnant Workers Fairness Act.

“The broader view of the statute, though, is right there in what Congress wrote, so it will not be affected by the Supreme Court decision,” Burrows said. “That decision goes only to regulation — not to the statute itself.”

Some of the less controversial accommodations included in the act gave pregnant workers more bathroom breaks, access to water and snacks, and time off for prenatal doctor's visits.

In its final rules, though, which the agency issued in June, officials required employers to give time off to workers to get abortions and recover from them.

Several Republican attorneys general and religious organizations are challenging the rule.

The day before the regulations were set to take effect, a federal court in Louisiana blocked it there and in Mississippi.

The Associated Press contributed to this report.

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