Federal Appeals Court Allows States’ Challenge to Proceed
A lawsuit filed by 17 Republican-led states challenging federal workplace protections for abortion-related accommodations can move forward, the Eighth Circuit Court ruled. The decision reverses a lower court’s dismissal, which had found the states lacked standing to sue. Chief Judge Steven M. Colloton, appointed by George W. Bush, wrote that since the states are subject to the federal regulations, they have standing to challenge them.
The Pregnant Workers Fairness Act and Abortion Accommodations
The lawsuit, led by Tennessee and Arkansas attorneys general, targets the Equal Employment Opportunity Commission (EEOC) over its rules implementing the Pregnant Workers Fairness Act (PWFA). The bipartisan 2022 law requires employers to provide “reasonable accommodations” for pregnancy and postpartum conditions. However, the EEOC’s guidance includes time off for abortion and recovery, a provision Republican attorneys general claim exceeds the law’s intent.
Tennessee Attorney General Jonathan Skrmetti called the EEOC’s abortion-related provisions an attempt to “turn a good law into an ideological weapon,” asserting that the regulations undermine legislative authority.
Legal and Political Backlash Against the EEOC Rules
The lawsuit is one of several efforts to challenge the PWFA’s abortion-related provisions. A separate case in Texas seeks to overturn the law entirely. The Eighth Circuit’s decision comes amid a post-Roe landscape where several states, including Missouri, North Dakota, and Oklahoma, have introduced bills that could criminalize abortion.
The EEOC maintains that its regulations align with long-standing legal precedent defining pregnancy-related discrimination to include abortion. However, the rule sparked outrage among Republicans, including Louisiana Sen. Bill Cassidy, a co-sponsor of the PWFA, who argued that the EEOC had overstepped its authority.
Trump Administration’s Influence on the EEOC
The EEOC has undergone significant changes since Donald Trump returned to the presidency. After appointing Republican Andrea Lucas as acting chair, Trump removed two Democratic commissioners, preventing the agency from holding a Democratic majority. Without a quorum, the EEOC currently cannot rescind its rules, though Lucas has signaled an intent to reconsider abortion-related provisions once a quorum is restored.
Meanwhile, Trump’s Department of Justice, which represents the EEOC in court, has not yet indicated whether it will continue defending the agency’s position in the lawsuit.
Advocates Warn of Threats to Workplace Protections
Reproductive rights and labor advocacy groups, including A Better Balance and the National Women’s Law Center, condemned the court’s decision as an attack on workers’ rights. A Better Balance President Inimai Chettiar warned that the EEOC rule changes and ongoing legal challenges could threaten abortion accommodations under the PWFA.
Despite legal uncertainties, she emphasized that the PWFA remains in effect, urging workers to seek legal assistance if they encounter discrimination. “This law is still on the books, and workers still have the right to these accommodations,” Chettiar said.
