A federal court has overturned a lower court ruling, giving new life to a suit filed by Tennessee and 16 other states that challenges protections for private, state and federal workers seeking abortions.
The 8th U.S. Circuit Court of Appeals in St. Louis, Missouri, ruled the states have standing to challenge the Pregnant Workers Fairness Act, enacted by Congress in 2022 and put into place by the Equal Employment Opportunity Commission.
The act stipulates employers must make reasonable accommodations to the “known limitations related to the pregnancy, childbirth, or related medical conditions” of employees, including termination of pregnancy by abortion.
In September, the U.S. District Court for the Eastern District of Arkansas ruled the state of Tennessee and other plaintiffs lacked standing to sue on the grounds they failed to establish any injury or imposition.