The Eighth Circuit Court’s decision on Thursday reverses Eastern District of Arkansas U.S. District Judge D.P. Marshall, Jr.’s dismissal of the case in June after he found that the states lacked standing to sue. Eighth Circuit Chief Judge Steven M. Colloton, who was appointed by former President George W. Bush in 2003, wrote in Thursday’s opinion that the states do have standing since they are subject to the federal rules.
Led by Republican state attorneys general in Tennessee and Arkansas, the 17 states sued the Equal Employment Opportunity Commission in April challenging its rules on how to implement the Pregnant Workers Fairness Act, a 2022 bipartisan law requiring 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….”
