Appeals Court Revives Lawsuit Against Pregnant Workers Fairness Act
On Thursday, the 8th U.S. Circuit Court of Appeals made a significant ruling by reinstating a lawsuit filed by 17 states that challenges the Pregnant Workers Fairness Act (PWFA). This act mandates that states must provide reasonable accommodations for government employees seeking elective abortions. The case, titled State of Tennessee et al. v. EEOC, saw a three-judge panel conclude that a lower court in Helena, Arkansas, made an error in determining that the states did not have the standing to pursue their legal action under Article III of the U.S. Constitution.
The appeals court highlighted that the states experienced an injury in fact, noting that they are “direct objects” of the U.S. Equal Employment Opportunity Commission’s (EEOC) regulations. The ruling indicated that the PWFA’s provisions concerning abortion necessitate that these states act in ways that contradict their established policies.
Enacted in June 2023, the PWFA requires employers, including state and local government entities, to provide reasonable accommodations for employees facing limitations due to pregnancy, childbirth, or related medical conditions. Among the conditions specified in the Act are “termination of pregnancy, including via miscarriage, stillbirth, or abortion.” The accommodations may involve adjustments to the work environment, granting unpaid leave, and permitting the use of accrued paid leave.
The states involved, which currently do not provide accommodations for state workers seeking elective abortions, initiated legal proceedings against the EEOC, seeking an injunction to prevent the enforcement of the PWFA. However, a trial judge dismissed their case, citing a lack of jurisdiction, prompting the states to appeal the decision.
As of now, representatives from the parties involved have not responded to requests for comments regarding the ongoing legal battle.
