A legal battle over workplace protections tied to abortion rights has intensified, with a U.S. appeals court reinstating a lawsuit from 17 Republican-led states against a rule from the Equal Employment Opportunity Commission (EEOC). The states, led by Tennessee, argue that the rule—crafted under the Biden administration—oversteps its bounds by equating abortion-related accommodations with those granted to pregnant workers.
The 8th U.S. Circuit Court of Appeals overturned a lower court ruling that had dismissed the challenge, stating that states, as employers, must comply with the regulation, giving them standing to sue. The decision marks a significant step in the legal tug-of-war over abortion access in the workplace.
The disputed EEOC rule stems from a 2022 law that requires most employers to provide accommodations for workers with pregnancy-related medical conditions. The EEOC extended those protections to include abortion and contraception, a move that immediately sparked pushback from conservative states. Tennessee’s Attorney General hailed the court’s decision as a victory, arguing that the EEOC attempted to reshape the law into what he called an “aggressive abortion mandate.”
The ruling comes amid upheaval at the EEOC itself. Following an unprecedented decision by Donald Trump to remove two Democratic commissioners, the agency is currently led by a Republican acting chair, Andrea Lucas, who had opposed the pregnancy rule. With the commission now short-staffed, any potential repeal or revision of the rule could be delayed.
The legal fight is expected to continue, with states pushing to strike down the abortion-related provision, arguing it conflicts with their own laws restricting public funding for abortion services. Meanwhile, the EEOC maintains that its rule aligns with federal law and ensures equal workplace protections.
As the case moves forward, the decision could shape the landscape of employment rights and reproductive health policies nationwide.
