A lawsuit filed by 17 states challenging federal rules allowing workers to take time off for abortions, along with other accommodations, may proceed, a federal appeals court rule.
According to the Associated Press, the Eighth Circuit Court of Appeals decided on Thursday to reverse U.S. District Judge D.P. Marshall, Jr.'s dismissal of the case in June.
Reportedly, Eighth Circuit Chief Judge Steven M. Colloton, who was appointed by former President George W. Bush, wrote that the states have standing to bring forward the lawsuit because they are subject to federal rules (via AP):
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.
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“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 in an emailed statement to AP.
“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,” he added.
The lawsuit is joined by Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Missouri, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Utah and West Virginia.
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