Earlier this year, a federal appellate court allowed a challenge to key federal regulations related to pregnancy in the workplace to proceed, overturning the ruling of a lower court.
The Eighth Circuit’s ruling in Tennessee v. Equal Employment Opportunity Commission has the potential to significantly impact the treatment of pregnancy and reproductive health in the workplace. Here’s what you need to know.
The federal statute at the heart of the challenge
At issue in this ongoing case is the Pregnant Workers Fairness Act (PWFA), which Congress enacted in 2023 to provide reasonable accommodations for pregnancy, childbirth, or related medical conditions in the workplace. Critically, the law does not define “related medical conditions” covered by the PWFA; instead, that responsibility is delegated to the federal Equal Opportunity Employment Commission (EEOC).
In 2024, the EEOC issued regulations defining “related medical conditions.” Included in that definition were lactation, miscarriage, stillbirth, and the decision to have or not have an abortion. The decision to include abortion within that scope drew significant controversy, and less than one week after the EEOC regulations took effect, a lawsuit challenging them was filed by 17 state attorneys general. In essence, the lawsuit claims that the EEOC exceeded its legal authority by including abortion among the medical conditions covered by the PWFA.
Where the legal challenge stands
The EEOC moved to dismiss the lawsuit for lack of “standing”—a legal term that essentially means the states had not been harmed by the new regulation, which is a constitutional requirement to file a lawsuit. The federal district court in Arkansas agreed, noting that the EEOC did not have the power to bring enforcement actions against the states bringing the lawsuit.
However, the Eighth Circuit Court of Appeals reversed, concluding that “the imposition of a regulatory burden itself causes injury.” That means the case will return to the trial court to consider the merits of the challenge—that is, whether the EEOC actually overstepped its authority by including abortion in the medical conditions covered by the PWFA.
This is an evolving area of law that our lawyers are monitoring closely. In addition to the legal challenge, the EEOC itself may be inclined to modify the rule under the new administration—though that, too, would require a legal rulemaking process that would take time to play out.
Our law firm stands up for victims of employment discrimination
The federal and state laws pertaining to discrimination in the workplace are complex and constantly changing. Our job is to make sense of them and advocate for our clients’ rights.
If you believe you have been discriminated against or harassed at work, we’d be honored to listen to your story and explain your options. Schedule your free case evaluation with Gibson Law, LLC today.
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