A lawsuit filed by 17 states challenging federal rules entitling workers to time off and other accommodations for abortions lacks standing, a federal judge in Arkansas ruled Friday.
Republican attorneys general from each state, led by Arkansas and Tennessee, sued the Equal Employment Opportunity Commission in April, days after the agency published rules for employers and workers to implement the Pregnant Workers Fairness Act, a 2022 law requiring many employers to make “reasonable accommodations” for pregnant or postpartum employees.
In addition to more routine pregnancy workplace accommodations like time off for prenatal appointments, more bathroom breaks or permission to carry snacks, the rules say that workers can ask for time off to obtain an abortion and recover from the procedure.
The lawsuit filed in federal court in Arkansas argued that the regulations go beyond the scope of the 2022 law, which passed with bipartisan support.
Eastern District of Arkansas U.S. District Judge D.P. Marshall, who was appointed to the bench by then-President Barack Obama, denied the states’ request for a nationwide preliminary injunction on the federal rules, which are set to go into effect Tuesday.
“The States’ fear of overreach by one branch of the federal government cannot be cured with overreach by another,” Friday’s ruling says.
Arkansas Attorney General Tim Griffin said in a statement provided by a spokesperson that he is “disappointed in the court’s ruling” and “am considering all legal options and remain confident we will ultimately be successful.”
The other states that joined the lawsuit are Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah and West Virginia.
The EEOC regulations are also being challenged in another federal lawsuit in Louisiana that is awaiting a ruling. The U.S. Conference of Catholic Bishops, along with other religious groups, have filed a separate lawsuit in U.S. District Court in Louisiana over the abortion provision.
The American Civil Liberties Union and more than 20 labor and women’s advocacy groups, including A Better Balance, a nonprofit that spearheaded the 10-year campaign for the Pregnant Workers Fairness Act’s passage, filed amicus briefs in both cases, arguing that the EEOC rules should take effect as scheduled.
“Today’s ruling in Tennessee v. EEOC is a victory for millions of pregnant and postpartum workers across the country, because it allows the Pregnant Workers Fairness Act (PWFA) regulations to go into effect next week, providing important clarity about how the law works in practice,” said Dina Bakst of A Better Balance.
In their briefs, the groups cited dozens of examples of pregnant workers being denied accommodations in violation of the Pregnant Workers Fairness Act.