8th Circuit revives states’ lawsuit over PWFA abortion accommodations

The 8th U.S. Circuit Court of Appeals Thursday reinstated a lawsuit brought by 17 states challenging the Pregnant Workers Fairness Act because it requires them to make reasonable accommodations to state government workers who seek elective abortions.

In State of Tennessee et al. v. EEOC, the three-judge panel said a federal judge in Helena, Arkansas, erred when finding that the states lacked standing under Article III of the U.S. Constitution to bring their lawsuit.

The appeals court said the states suffered an injury in fact because they “are direct objects” of the U.S. Equal Employment Opportunity’s rule and that the PWFA’s abortion provision requires them to “act contrary to their established practices.”

The PWFA, enacted in June 2023, requires employers, including state and local governments, to make reasonable accommodations for workers who have limitations related to pregnancy, childbirth or related medical conditions. The list of related medical conditions in the act includes “termination of pregnancy, including via miscarriage, stillbirth, or abortion,” and reasonable accommodations include adjustment of the work environment, unpaid leave and the ability to use accrued paid leave.

The states, which currently refuse to accommodate state employees who seek elective abortions, sued the EEOC and sought an injunction barring enforcement of the PWFA. The trial judge dismissed the lawsuit for lack of jurisdiction, and the states appealed.

Representatives for the parties did not respond to requests for comment.