A lawsuit filed by Georgia and 16 other states challenging federal rules entitling workers to time off and other accommodations for abortions may proceed, a federal appeals court ruled.
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.
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