Challenge to Pregnant Workers Fairness Act Revived by Eighth Circuit Court
A federal appeals court ruled Thursday that a lawsuit filed by 17 states challenging federal workplace accommodations for abortion may proceed, reversing a lower court’s decision that dismissed the case due to lack of standing.
The Eighth Circuit Court’s decision overturns U.S. District Judge D.P. Marshall Jr.’s ruling in June, which found that the states did not have legal grounds to sue. Chief Judge Steven M. Colloton, appointed by former President George W. Bush, wrote that the states do have standing since they are subject to the federal rules.
States Argue EEOC Overstepped Its Authority
The lawsuit, led by Republican attorneys general from Tennessee and Arkansas, challenges regulations set by the Equal Employment Opportunity Commission (EEOC) regarding the implementation of the Pregnant Workers Fairness Act (PWFA). The bipartisan law, passed in 2022, requires employers to provide reasonable accommodations for pregnant and postpartum employees.
While the law covers accommodations such as extra bathroom breaks and time off for prenatal care, the EEOC’s interpretation also includes time off to obtain and recover from an abortion. The states argue that this oversteps congressional intent and forces broad elective abortion accommodations on employers.
“The Biden-era EEOC’s attempt to turn a good law into an ideological weapon to force broad elective abortion accommodations is illegal,” Tennessee Attorney General Jonathan Skrmetti said. “The EEOC’s unlawful regulations undermine the constitutional authority of the people’s elected representatives, and we are vindicated by the Court’s decision to let our suit proceed.”
The lawsuit is backed by attorneys general from Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, and West Virginia.
Legal Battles and Political Backlash
The challenge comes amid increasing legal and political battles over abortion rights following the 2022 U.S. Supreme Court decision that overturned Roe v. Wade. In several states, lawmakers have pushed bills that would criminalize abortion, and legal fights continue over how abortion-related policies intersect with federal law.
The EEOC, which enforces anti-discrimination laws, maintains that the PWFA covers abortion, citing legal precedent that includes pregnancy-related discrimination protections. The regulations also address accommodations for miscarriage, stillbirth, and lactation.
However, Republican lawmakers, including Sen. Bill Cassidy (R-Louisiana), who co-sponsored the PWFA, have criticized the EEOC’s interpretation, arguing that Congress never intended for abortion to be included under the law. Both Republican commissioners of the EEOC opposed the abortion-related provisions when the rules were finalized.
Future of the EEOC and PWFA Regulations
The EEOC’s leadership has undergone significant changes since President Donald Trump took office last month. Acting Chair Andrea Lucas, a Republican, has indicated her intent to revise portions of the PWFA regulations she believes exceed legal authority. However, without a quorum, the EEOC cannot formally rescind the rules.
The Department of Justice (DOJ), which represents the EEOC in court, now faces uncertainty under the new administration regarding its stance on defending the current regulations. Inimai Chettiar, president of advocacy group A Better Balance, which helped push for the PWFA, called the Eighth Circuit’s decision “an attack on reproductive choice.” “Workers in need of an abortion should not be discriminated against or forced off the job because of a need for vital health care,” she said.
Despite the ongoing legal challenges, Chettiar emphasized that the PWFA remains in effect and workers are still entitled to its accommodations. “This law is still on the books, the regulation is still on the books,” she said. “Women still have access to all of these accommodations.”
