A group of 17 states challenging regulations that require employers to reasonably accommodate employees seeking abortions may proceed with its lawsuit, a federal appeals court ruled February 20. In Tennessee v. EEOC, the U.S. Court of Appeals for the Eighth Circuit found that the states had standing to sue because the EEOC’s rule implementing the Pregnant Workers Fairness Act would directly affect them as employers.
The PWFA requires employers to make reasonable accommodations for a qualified employee’s “known limitations related to pregnancy, childbirth, or related medical conditions.” The EEOC’s implementing regulations interpret this provision to cover the termination of a pregnancy, including miscarriage, stillbirth, or abortion.
The states argued that accommodating employees seeking elective abortions would conflict with their state policies. The states said they would have to change their employment practices, train staff on new policies, and offer accommodations that they would not typically provide.
Now the states will be able to proceed with their lawsuit against the EEOC, so the case may still be decided on the merits.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.